- 1 - HC-KAR NC: 2025:KHC-D:7262-DB MFA No. 100626 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.100626 OF 2020 (ECA) BETWEEN: SHRI. AJINKYA S/O. ANAND PHADNIS, AGE: 30 YEARS, OCC: DRIVER (NOW NIL), R/O: PLOT NO.21A, TRUPTI BUILDING, SHAHUNAGAR, TQ: AND DIST: BELAGAVI-590001. …APPELLANT (BY SRI K. ANANDKUMAR, ADVOCATE) AND: 1. SMT. SAMRUDHI W/O. SUNIL KANEKAR, AGE: 43 YEARS, OCC: BUSINESS, R/O: PLOT NO.35, 36 AND 37 AS NO.323, UDYAMBAG, BELAGAVI, DIST: BELAGAVI-590009. 2. THE DIVISIONAL MANAGER, NEW INDIA INSURANCE CO. LTD., CLUB ROAD, BELAGAVI, DIST: BELAGAVI-590003. …RESPONDENTS (BY SRI S.V. YAJI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 19.10.2019 PASSED IN E.C.A.NO.23/2017, ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES COMPENSATION AT BELAGAVI AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7262-DB MFA No. 100626 of 2020 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Though matter is coming up for admission, with the consent of the learned counsels on both sides, matter is taken up for final disposal. 2. The appellant herein who was working as a driver with the 1st respondent, met with an accident on 21.09.2016 at about 2:30 p.m., while discharging his duties as driver in Eicher Goods vehicle bearing No.MH-09/CA-2844 and sustained grievous injuries. It is alleged that the accident occurred due to the rash and negligent driving of another goods vehicle bearing No.GA-04/T-2386. The petitioner lost his right leg and by amputation, the right lower limb at the level of knee joint had to be removed. The learned IV Addl.Senior Civil Judge and Commissioner for Employees Compensation, Belagavi (‘Tribunal’, for short), in ECA No.23/2017 accepted the contention of the appellant that the appellant has suffered - 3 - HC-KAR NC: 2025:KHC-D:7262-DB MFA No. 100626 of 2020 permanent disability of 75% and medical evidence in that regard were sufficient to accept the contention of the appellant. The Tribunal has considered the relevant factor applicable as 211.79. Accordingly, compensation was arrived at in the following manner. Rs.8,000/- 60% = Rs.4,800 x 75/100 x Rs.211.79 = Rs.7,62,444/-. 3. The medical bills produced by the appellant was accepted and an amount of Rs.2,10,315/- was accordingly defrayed towards medical expenses. Consequently, the Tribunal awarded compensation of Rs.9,72,759/- and directed the 2nd respondent – Insurance Company to pay the same along with interest at the rate of 12% per annum from the date of petition till its realization. 4. We have heard the learned counsel for the appellant and learned counsel for the 2nd respondent – Insurance Company. 5. We find that the Tribunal has rightly taken into consideration Schedule I of the Employees Compensation Act, - 4 - HC-KAR NC: 2025:KHC-D:7262-DB MFA No. 100626 of 2020 1923 wherein Part II at Sl.No.19 ‘amputation below middle thigh to 8.89 cms below knee’ - 60% to be taken as loss of earning capacity. 6. However, insofar as the award of interest is concerned, learned counsel for the 2nd respondent would fairly submit that the interest was required to be awarded from 30 days after the date of accident and not from the date of petition. 7. We therefore find that the only area where the compensation can be enhanced is the period of the rate of interest to be levied. 8. Accordingly, we dispose of the appeal while modifying the award of interest not from the date of petition, but from 30 days after the date of accident i.e. from 21.10.2016. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE CLK CT: UMD, List No.: 1 Sl No.: 30