- 1 - HC-KAR NC: 2025:KHC-D:8078 MFA No. 100153 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100153 OF 2019 (WC) BETWEEN: B. RAVI @ RAVINDRA S/O. KUMARAPPA, AGE: 46 YEARS, OCC: EX-TEMPO DRIVER, R/O: 1ST WARD, CHITTAWADGI, HOSAPETE-583 201. … APPELLANT (BY SRI. M. AMAREGOUDA, ADVOCATE) AND: 1. Y. VENKANNA SETTY S/O. AYYANASETTY, AGE: 52 YEARS, OCC: OWNER OF TEMPO BEARING ITS REGN. NO.KA-05/A-8120, R/O: 1ST WARD, CHITTAWADGI, HOSAPETE-583 201. 2. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE COMPANY LIMITED, 2ND FLOOR, YELAMANCHILI COMPLEX, STATION ROAD, HOSAPETE-583 201. … RESPONDENTS (BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R2; R1-SERVED) THIS MFA IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED: 02.05.2018, PASSED IN E.C.A. NO.08/2015, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE-CUM-MACT NO.IV, HOSAPETE. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8078 MFA No. 100153 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The claimant is before this Court questioning the judgment dated 02.05.2018, passed in ECA No.8/2015, on the file of Principal Senior Civil Judge-Cum-Member, MACT-IV, Hosapete (for short, ‘the Tribunal’), by which the claim petition under Section 10 of the Employees’ Compensation Act, 1923 (for short, ‘Act’) is dismissed. 2. Heard the arguments for learned counsels appearing for both the sides and perused the material placed on record. 3. It is the case of claimant that he was working as a driver of 407 Tempo bearing registration No.KA-05/A-8120 under the employment of respondent No.1. The said vehicle was insured with respondent No.2. On 24.01.2015 at about 9.10 a.m., as per the direction of respondent No.1, while he was proceeding in the said tempo as a driver near Sira-Tumkur road, NH-48 road, Kora Bus-stand, the said tempo dashed to KSRTC Bus, due to which, the claimant sustained injuries. Hence, filed claim petition seeking compensation. - 3 - HC-KAR NC: 2025:KHC-D:8078 MFA No. 100153 of 2019 4. The claimant is said to have sustained the following injuries: “i) Bicondyale fracture of upper 1/3rd right tibia. ii) Hameoprepeccnum recendly to ille perfelation 15 cms fern junteen sufed wound knee thin neelf and other parts of the body.” 5. There is no dispute with regard to accident that occurred on 24.01.2015 arising out of and in the course of employment involving Tempo bearing registration No.KA-05/A-8120 and KSRTC Bus, resultant injuries to the appellant/claimant. It is also not in dispute with regard to employer and employee relationship between respondent No.1 and appellant. The appellant is before this Court challenging the rejection of his claim by the Tribunal on the ground that due to negligence of the appellant, the alleged accident took place. 6. The claim petition is filed under the provision of Employee’s Compensation Act, 1923. In the present case, the paramount thing to be considered is whether the workmen sustained injuries out of and in the course of employment, but not to consider the rash and negligence on the part of - 4 - HC-KAR NC: 2025:KHC-D:8078 MFA No. 100153 of 2019 claimant/workmen. This is reason cited by the learned Commissioner. Hence, the Tribunal has committed error in dismissing the claim petition. 7. There is no rebuttal evidence by the respondents to prove that the claimant has not sustained injuries out of and in the course of employment. Whereas, the documentary evidence placed by the claimants proved the fact that the claimant has sustained injuries out of and in the course of employment. Therefore, the claimant is entitled to compensation for having sustained employment injuries out of and in the course of employment. Therefore, the Tribunal is not correct in dismissing the claim petition. Hence, the order passed by the Tribunal is liable to be set aside. 8. The next aspect is with regard to determination of quantum of compensation. The accident occurred on 24.01.2015. The Central Government has brought an amendment to the Act w.e.f. 31.05.2010 enhancing monthly wage from Rs.4,000/- to Rs.8,000/-. Therefore, we are of the view that, it is just and appropriate to fix the notional income of the appellant/claimant at Rs.8,000/- per month. - 5 - HC-KAR NC: 2025:KHC-D:8078 MFA No. 100153 of 2019 9. Nextly, with regard to loss of earning capacity of the appellant/claimant due to accidental injuries. As per Ex.P5- Wound Certificate, the claimant has sustained bicondyale fracture of upper 1/3rd right tibia and Hameoprepeccnum recendly to ille perfelation 15 cms fern junteen sufed wound knee thin neelf and other parts of the body. PW.2-Doctor in his evidence has categorically deposed that, on examination of claimant, it is found that the appellant/claimant sustained permanent functional disability to an extent of 46.8%, which is on higher side. Thus, taking note of Ex.P5 and the evidence of PW.2, we are of the view that the appellant has sustained permanent physical disability to an extent of 10% to the whole body. There is no dispute with regard to age of the claimant i.e., 40 years as on the date of accident. The relevant factor that is applicable to the age of the deceased is 184.17. Thus, the claimant would be entitled for compensation as under: Rs.88,402/- (Rs.8,000 x 60/100 x 184.17 x 10/100). 10. Thus, in all, the claimant is entitled to total compensation of Rs.88,402/- along with interest at the rate of - 6 - HC-KAR NC: 2025:KHC-D:8078 MFA No. 100153 of 2019 12% per annum from 30 days after the date of accident till the date of deposit. 11. The claimant has produced medical bills to an extent of Rs.1,94,266/-. Taking note of the same, it is just and appropriate to award as sum of Rs.1,94,266/- towards medical expenses. Thus, the claimant would be entitled to total compensation of Rs.2,82,668/-. 12. The Insurance Company is directed to deposit the enhanced compensation amount along with interest at the rate of 12% per annum with effect from one month from the date of award. 13. In the result, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The judgment dated 02.05.2018, passed in ECA No.8/2015, on the file of Principal Senior Civil Judge-Cum-MACT No.IV, Hosapete, is set aside. - 7 - HC-KAR NC: 2025:KHC-D:8078 MFA No. 100153 of 2019 iii) The appellant/claimant would be entitled for total compensation Rs.2,82,668/- along with interest at the rate of 12% per annum with effect from one month from the date of award. iv) The Insurance Company shall deposit the entire compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. v) On such deposit, the entire compensation amount shall be released in favour of the appellant/claimant. vi) Registry to transmit the TCR to the Tribunal forthwith. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK/LIST NO.: 1 SL NO.: 44