- 1 - HC-KAR NC: 2025:KHC-D:8076 MFA No. 100597 of 2018 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. 100597 OF 2018 (WC) BETWEEN: SRI. K. VEERESH S/O VEERABHADRAPPA KINNAL, AGED ABOUT 29 YEARS, OCC: FITTER, SRI. MANJUSRI RICE MILL, BAPIREDDY CAMP, R/O: MUJAVAR CAMP, GANGAVATHI, TQ: GANGAVATHI AND DIST: KOPPAL. … APPELLANT (BY SMT. SITALAXMI P., ADVOCATE.) AND: 1. SRI. M. SRINIVASRAO PROP. MANJUSRI, DRIYER RICE MILL, BAPIREDDY CAMP, TQ: GANGAVATHI, DIST: KOPPAL. 2. THE MANAGER, THE NATIONAL INSURANCE CO. LTD., STATION ROAD, GULBARGA. … RESPONDENTS (BY SMT. SHARMILA M. PATIL, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE WORKMEN'S COMPENSATION ACT, 1923, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 08.11.2017, PASSED IN W.C.NO.28/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND COMMISSIONER FOR WORKMEN'S Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8076 MFA No. 100597 of 2018 COMPENSATION, AT GANGAVATHI, BY ALLOWING THIS APPEAL, BY ENHANCING THE COMPENSATION AS CLAIMED AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 08.11.2017, passed by the Senior Civil Judge and Commissioner for Workmen’s Compensation, Gangavathi, in W.C.No.28/2014. 2. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court. 3. In the present case, the claimant has suffered injuries out of and in the course of employment is not in dispute. The claimant has suffered amputation of left 2nd, 3rd and 4th fingers. 4. The Commissioner by taking permanent disability at 14% and holding the monthly wages of Rs.6,000/-, awarded compensation of Rs.1,37,886-64. The learned - 3 - HC-KAR NC: 2025:KHC-D:8076 MFA No. 100597 of 2018 Commissioner has committed error in considering the lesser quantum of permanent physical disability. The claimant is a fitter by profession and there was amputation of 2nd, 3rd and 4th fingers. Therefore, permanent physical disability ought to have been taken at 30% to the whole body as per Schedule-I of the Employee’s Compensation Act, 1923. 5. The accident occurred on 27.01.2013. The claimant sustained injuries out of and in the course of employment. Therefore, the income of Rs.8,000/- is to be considered and the relevant factor of 216.91 taken by the learned Commissioner considering the age of claimant being 25 years at the time of accident, is correct. As per section 4 of the Employees Compensation Act, 60% of the income is to be considered for awarding compensation in injury cases. Therefore, loss of earning capacity due to disability is hereby re-assessed as follows: Rs.8,000 x 60% x 216.91 x 30% = Rs.3,12,350/-. 6. Therefore, the claimant is entitled for total compensation of Rs.3,12,350/- along with interest at the - 4 - HC-KAR NC: 2025:KHC-D:8076 MFA No. 100597 of 2018 rate of 12% p.a. from after 30 days from the date of accident till the date of realization, as against Rs.1,37,886-64 awarded by the Commissioner. The insurance company shall deposit the compensation within a period of eight weeks form the date of receipt of a copy of this order. 7. Therefore, the appeal is liable to be allowed in part in terms as stated above. Hence, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 08.11.2017, passed by the Senior Civil Judge and Commissioner for Workmen’s Compensation, Gangavathi, in W.C.No.28/2014, is modified. iii) The claimant is entitled for total Rs.3,12,350/- along with interest at the rate of 12% p.a. from after 30 days from the date of - 5 - HC-KAR NC: 2025:KHC-D:8076 MFA No. 100597 of 2018 accident till the date of realization, as against Rs.1,37,886-64 awarded by the Commissioner. iv) The insurance company shall deposit the compensation amount within a period eight weeks from the date of receipt of a copy of this judgment. v) Send a copy of this judgment and award to the Commissioner. vi) No order as to costs. vii) Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: BCK LIST NO.: 1 SL NO.: 41