- 1 - NC: 2025:KHC-D:3974 MFA No. 101003 of 2018 C/W MFA No. 101500 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101003 OF 2018 (WC) C/W MISCELLANEOUS FIRST APPEAL NO.101500 OF 2018 IN M.F.A. NO.101003 OF 2018 BETWEEN: THE MANAGER, SHRIRAM GENERAL INS. COM. LTD., S-5, THIRD FLOOR, MONARCH CHAMBER, INFANTRY ROAD, BENGALURU, REPTD. BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI NAGARAJ C.KOLLOORI, ADVOCATE) AND: 1. VEERESH S/O. BHEEMAPPA, AGE: 44 YEARS, OCC: EX. CLEANER, R/O: MYLAPUR, TQ: GANGAVATHI, DIST: KOPPAL, PIN CODE:583227. 2. DURAGAPPA S/O. YANKAPPA BHANGI, AGE: MAJOR, OCC: OWNER, R/O: SUKALPET, TQ: SINDHANOOR, DIST: RAICHUR, PIN CODE: 584128. …RESPONDENTS (BY SRI M. AMAREGOUDA, ADVOCATE FOR R1; SRI C.R. HIREMATH, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 (1) OF WORKMEN COMPENSATION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 16.01.2018 PASSED BY SENIOR CIVIL JUDGE AND COMMISSIONER OF WORKMEN’S COMPENSATION, GANGAVATHI IN W.C. NO.23/2014 COURT MAY PASS ANY SUCH ORDERS AS DEEMS FIT UNDER THE FACTS AND Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3974 MFA No. 101003 of 2018 C/W MFA No. 101500 of 2018 CIRCUMSTANCES OF THE CASE, INCLUDING THE COSTS OF THE ABOVE PROCEEDING IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.101500 OF 2018 BETWEEN: SRI. VEERESH S/O. LATE BHEEMAPPA, AGE: 44 YEARS, OCC: EX. CLEANER, R/O: MYLAPUR, TQ: GANGAVATHI, DIST: KOPPAL-583283. …APPELLANT (BY SRI AMAREGOUDA M., ADVOCATE) AND: 1. DURAGAPPA S/O. YANKAPPA BHANGI, AGE: MAJOR, OCC: OWNER OF LORRY BEARING NO.KA-01/7738, SUKALPET, SINDHANOOR, DIST: RAICHUR-584128. 2. THE MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., S-5, THIRD FLOOR, MONARCH CHAMBER, INFANTRY ROAD, BENGALURU-560068. …RESPONDENTS (BY SRI C.R. HIREMATH, ADVOCATE FOR R1; SRI NAGARAJ C.KOLLOORI, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 (1) OF EMPLOYEE’S COMPENSATION ACT, PRAYING TO ALLOW THE ABOVE APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT AND ORDER DATED 16.01.2018 PASSED BY THE SENIOR CIVIL JUDGE AND COMMISSIONER FOR WORKMEN COMPENSATION, GANGAVATHI IN W.C. NO.23/2014 AND ENHANCE THE COMPENSATION BY RS.4,72,922.97/-, IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:3974 MFA No. 101003 of 2018 C/W MFA No. 101500 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA No.101003/2018 is filed by the insurance company questioning liability. MFA No.101500/2018 is filed by the claimant seeking enhancement of compensation being aggrieved by judgment and award dated 16.01.2018 passed in W.C.No.23/2014 by the Court of the Senior Civil Judge and Commissioner for Workmen Compensation, Gangavathi (for short, ‘Trial Court). 2. The claimant/respondent No.1 being a cleaner under the employment of the respondent No.2/Duragappa, working in the lorry bearing No.KA-01/7738, met with an accident and sustained employment injuries and amputation of left foot out of and in the course of employment. Therefore, the Tribunal has awarded compensation of Rs.1,27,077/- along with interest at the rate of 6% p.a. 3. Learned counsel for appellant/insurance company submitted that the risk of the cleaner is not covered under the insurance policy. Therefore, the insurance company is not liable to pay the compensation. - 4 - NC: 2025:KHC-D:3974 MFA No. 101003 of 2018 C/W MFA No. 101500 of 2018 4. On the other hand, learned counsel for respondents submitted that the insurance policy is a package policy and hence, the risk of cleaner is covered and also claimant is entitled for enhancement of compensation. In the present case, the claimant had sustained employment injuries is not disputed. The insurance policy is comprehensive policy, it covers the risk of the cleaners hence in this regard there is no merit found in the submission made by the counsel for the appellant. 5. Due to the accident, the claimant has suffered amputation of left foot as it is proved from Ex.P-12/discharge summary and Ex.P-18/disability certificate. In the present case, the accident occurred in the year 2013, but the Trial Court has committed an error in taking monthly wages at Rs.3,000/-. Therefore, as per sub Section (1B) of Section 4 of the Employee’s Compensation Act, monthly wages of Rs.8,000/- is to be taken into consideration. Considering the nature of injuries sustained by the claimant, the disability at 23% determined by the Trial Court is on lesser side. Therefore, it is just and proper to take 60% as permanent - 5 - NC: 2025:KHC-D:3974 MFA No. 101003 of 2018 C/W MFA No. 101500 of 2018 physical disability as per the schedule-I, part-II of the Employee’s Compensation Act. The claimant was aged 40 years at the time of accident, therefore, relevant factor 184.17. Hence, loss of earning capacity due to disability is hereby re-assessed and quantified is as follows: Rs.8,000/- x 60% x 184.17 x 50% = Rs.4,42,008/- 6. Ex.P-9 is the driving licence extract of the driver which proved that the driver had possessed valid and effective driving licence to drive the offending vehicle. 7. Further, the Trial Court while granting compensation has awarded rate of interest at 6% p.a., which is on lesser side. Hence, the same is escalated to 12% p.a. 8. Thus, in all, the claimant is entitled to total compensation of Rs.4,42,008/- as against the compensation of Rs.1,27,077/- awarded by the Trai Court along with interest at the rate of 12% p.a. from the date of petition till its realization. Therefore, the appeal filed by the Insurance Company in MFA No.101003/2018 is liable to dismissed and - 6 - NC: 2025:KHC-D:3974 MFA No. 101003 of 2018 C/W MFA No. 101500 of 2018 the appeal filed by the claimant in MFA No.101500/2018 is liable to be allowed in part. 9. The Insurance Company is directed to deposit the compensation amount within eight weeks from the date of receipt of copy of this judgment. 10. In the result, I proceed to pass the following: ORDER i. The appeal filed by the Insurance Company in MFA No.101003/2018 is dismissed. ii. The appeal filed by the claimant in MFA No.101500/2018 is allowed in part. iii. The impugned judgment and award dated 16.01.2018 passed in WC No.23/2014 by the Senior Civil Judge and Commissioner for Workmen Compensation, Gangavati, stands modified. iv. The appellant/claimant in MFA No.101500/2018 is entitled total compensation of Rs.4,42,008/- along with interest at the rate of 12% p.a. from the date of accident till its realization. - 7 - NC: 2025:KHC-D:3974 MFA No. 101003 of 2018 C/W MFA No. 101500 of 2018 v. The Insurance Company shall pay compensation to the claimant within eight weeks from the date of receipt of copy of this judgment. vi. No order as to costs. vii. Draw award accordingly. viii. Send back the TCR to the Trial Court along with copy of this judgment. ix. Amount in deposit made by the Insurance Company shall be transmitted to the Trial Court. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM: Para 1 to 4 SRA: Para 5 to end List No.: 1 Sl No.: 51