- 1 - NC: 2025:KHC-D:4078 MFA No. 101543 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101543 OF 2022 (ECA) BETWEEN: SHRI NISAR MOHAMADKHAN PATHAN, AGE. 52 YEARS, OCC. DRIVER (NOW NIL), R/O. ASHOK NAGAR, BELAGAVI-590010. …APPELLANT (BY SMT. GEETHA K.M., ADVOCATE) AND: 1. SHRI SALIM S/O. DASTAGIR SHEIKH, AGE. MAJOR, OCC. BUSINESS, R/O. 43/1, 7TH CROSS, NEW VEERABHADRA NAGAR, BELAGAVI-590001. (R.C. OWNER OF TRUCK BEARING NO.KA-22/B-370) 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD., E.8 RIICO INDUSTRIAL AREA SISTA PURA JAIPUR RAJASTHAN-302022 (INSURER OF TRUCK BEARING NO.KA-22/-370) (VALID POLICY NOTE NO.10003/31/685118) VALID FROM 11-02-2013 TO 10-02-2014) …RESPONDENTS (BY SRI SURESH S.GUNDI, ADVOCATE FOR R2; R1-NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE WORKMEN COMPENSATION ACT, 1923, PRAYING TO MODIFY THE JUDGMENT AND ORDER DATED 23.01.2019, PASSED IN ECA.NO.77/2015, ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES COMPENSATION, BELAGAVI AND AWARD COMPENSATION AS CLAIMED BEFORE THE COMMISSIONER IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4078 MFA No. 101543 of 2022 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for admission, with consent of learned counsel for the parties it is taken up for final disposal. 2. This appeal is filed by the appellant/claimant challenging the judgment and award dated 23.01.2019, passed by the IV Additional Senior Civil Judge and Commissioner for Employees Compensation, Belagavi, in ECA No.77/2015, seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The claimant being driver under the employment of owner of the Truck bearing Reg.No.KA- 22/B-370, has sustained employment injuries out of and in the course of employment and thus suffered amputation of right leg up to the knee joint. - 3 - NC: 2025:KHC-D:4078 MFA No. 101543 of 2022 5. The learned Commissioner has taken income at Rs.10,000/- per month and deducted by 50% and Multiplied with relevant factor of 159.80 and awarded compensation of Rs.6,79,150/- under the head loss of earning capacity due to disability. The learned Commissioner has committed an error in awarding compensation without holding correct parameters. The accident is caused on 19.11.2013. Therefore, wage of claimant to be taken at Rs.8,000/- per month. Since, the claimant is a driver by profession and suffered amputation of right leg upto joint of knee. Therefore, it is amounting to 100% of disability as per dictum laid down by the Hon’ble Supreme Court in the cases of Raj Kumar Vs. Ajay Kumar and Another1, Rekha Jain Vs., National Insurance Co., Ltd., and Others2, Jakir Hussein Vs. Sabir and Others3 and Mohan Soni Vs. Ram Avtar Tomar and Others4. 1 (2011) 1 SCC 343 2 (2013) 8 SCC 389 3 (2015) 7 SCC 252 4 (2012) 2 SCC 267 - 4 - NC: 2025:KHC-D:4078 MFA No. 101543 of 2022 6. The claimant was 45 years old and appropriate relevant factor is 159.80. Therefore, loss of earning capacity is reassessed and quantified as under: 8000 x 60/100 x 159.80 x 100% = Rs.7,67,040/- 7. Further the compensation of Rs.2,99,724.13/- is awarded towards medical expenses as per medical bills- Ex.P-12 to Ex.P55, which is rounded off to Rs.2,99,724/-, therefore the same is kept in tact. Thus, in all claimant is entitled to Rs.10,66,764/- (Rs.7,67,040/-+Rs.2,99,724). 8. The total compensation amount shall carry interest at the rate of 12% per annum from 30 days after the date of accident till the date of deposit. 9. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. 10. Send back the Trial Court records along with a copy of this judgment and award to the Tribunal. - 5 - NC: 2025:KHC-D:4078 MFA No. 101543 of 2022 11. No order as to costs. 12. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 66