- 1 - HC-KAR NC: 2025:KHC:33261 MFA No. 1018 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1018 OF 2021 (ECA) BETWEEN: NATIONAL INSURANCE CO. LTD., THANE BRANCH OFFICE, THROUGH ITS REGIONAL OFFICE, NO.144, SUBHARAM COMPLEX, M.G. ROAD, BANGALORE-560 001 REPRESENTED BY ITS MANAGER …APPELLANT (BY SRI. JANARDHAN REDDY, ADVOCATE) AND: 1. GUNTU DAHIKAR S/O BHURA DAHIKAR, AGED ABOUT 58 YEARS, 2. JASMAYA W/O GUNTU DAHIKAR, AGED ABOUT 53 YEARS, BOTH ARE R/AT MADWAKOL PACHAYAT, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33261 MFA No. 1018 of 2021 RATAMATI, MADWAKOL POST, CHUNLOMA BHAINSDESI, BETUL DISTRICT, MADHYA PRADESH-460 225 3. M/S VIJAYA INFRA PROJECT (PVT) LTD., STILT NO.1, RUBY MONARCH ARCADE, NEAR STATE BANK OF INDIA, SAKINAKA, MUMBAI-400 072 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. ANANDARAMA K., ADVOCATE FOR R1 AND R2 V/O/D 21/08/2025- SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT) THIS MFA FILED U/S 30(1) OF THE EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED: 29.06.2020, PASSED IN ECA NO.25/2015, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND COMMISSIONER OF WORKMENTS COMPENSATION, MANGALURU, D.K., AWARDING COMPENSATION OF RS.6,42,277/- ALONG WITH INTEREST AT 6 PERCENT P.A., FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33261 MFA No. 1018 of 2021 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in E.C.A.No.25/2015 dated 29.06.2020 by the Prl. Senior Civil Judge and Commissioner of Workmen’s Compensation, Mangaluru, D.K. whereby the Tribunal had granted an amount of Rs.6,42,277/- as compensation at 6% interest, the insurance company is before this court. 2. The insurance company is on the only ground that they are not liable to pay interest and it is the responsibility of the employer and the agreement is very clear that the insurance company is not liable to pay the interest and the insurer is liable. 3. Learned counsel appearing for the respondent submits that the complete document is not filed and a copy of this particular clause which the appellant is mentioning is given before this Court and the same is not placed before the Tribunal. In that view of the matter, this Court deems it appropriate to remand the matter to the Tribunal to decide as far as rate of interest is concerned. - 4 - HC-KAR NC: 2025:KHC:33261 MFA No. 1018 of 2021 i. Accordingly, the appeal filed by the Insurance Company is allowed and award passed in ECA.No.25/2015 dated 29.06.2020 by the Prl. Senior Civil Judge and Commissioner of Workmen’s Compensation, Mangaluru, D.K., as far as interest portion is concerned is set aside and matter is remanded back to the Tribunal for fresh consideration. ii. Without further notice, the parties shall appear before the Tribunal on 16.09.2025. On the first date of hearing itself, the document shall be placed before the Tribunal and within 2 months from thereon, the Tribunal shall decide the application. iii. The appellant/insurance company shall file the policy document before the Tribunal and the respondents are also at liberty to adduce evidence. iv. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. - 5 - HC-KAR NC: 2025:KHC:33261 MFA No. 1018 of 2021 v. The respondent is at liberty to withdraw the amount in deposit. vi. The amount in deposit shall be forthwith transferred to the Tribunal. vii. No Costs. viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 29