- 1 - HC-KAR NC: 2025:KHC-D:7817 MFA No. 101711 of 2021 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101711 OF 2021 (ECA) BETWEEN: MALAPPA MUKKANNA RAMAPUR, AGE 29 YEARS, OCC: NIL, R/O: BHARAMA CAMP, SHINDANUR, DIST: RAICHUR. … APPELLANT (BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE.) AND: 1. JAVED ABDUL RAZAKSAB MANIYAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: MANIYAR CHAWL, HUBBALLI ROAD, GADAG-582 101. 2. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., TONTADARYA VIDYAPEETH BUILDING, ROTARY CORCLE, P.B. ROAD, GADAG-582 101. … RESPONDENTS (BY SRI S.S.KOLIWAD, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO ENHANCE THE JUDGMENT AND AWARD DATED 08.10.2021, PASSED IN ECA NO.64/2014, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, GADAG, AND ETC.,. 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:7817 MFA No. 101711 of 2021 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the and award dated 08.10.2021, passed by the Principal Senior Civil Judge and CJM, Gadag, in ECA No.64/2014. 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 the following injuries. “Fracture of right femur; Bimalleolar fracture with comminuted fracture involving the distal tibial articular surface.” 4. The trial Court by taking permanent disability at 25% and holding the monthly wages of Rs.4,000/-, awarded compensation of Rs.1,33,000/-. Therefore, the trial Court has committed error in considering the lesser quantum of permanent physical disability. The claimant is a cleaner by - 3 - HC-KAR NC: 2025:KHC-D:7817 MFA No. 101711 of 2021 profession and considering the nature of injuries sustained, the permanent physical disability ought to have been taken at 35% to the whole body based upon the doctor’s evidence coupled with disability certificate Ex.P.9. 5. The accident occurred on 18.06.2009. Therefore, the income considered by the trial Court at Rs.4,000/- and the relevant factor of 221.37 taken by the trial Court for the age of claimant being 22 years old at the time of accident, is also 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.4,000 x 60% x 221.37 x 35% = Rs.1,85,950/-. 6. Therefore, the claimant is entitled for total compensation of Rs.1,85,950/- along with interest at the rate of 12% p.a. from after 30 days from the date of accident till the date of realization, as against Rs.1,33,000/- awarded by the trial Court. The insurance company shall - 4 - HC-KAR NC: 2025:KHC-D:7817 MFA No. 101711 of 2021 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 08.10.2021, passed by the Principal Senior Civil Judge and CJM, Gadag, in ECA No.64/2014, is modified. iii) The claimant is entitled for total compensation of Rs.1,85,950/- along with interest at the rate of 12% p.a. from after 30 days from the date of accident till the date of realization, as against Rs.1,33,000/- awarded by the trial Court. iv) The insurance company shall deposit the compensation amount within a period eight - 5 - HC-KAR NC: 2025:KHC-D:7817 MFA No. 101711 of 2021 weeks from the date of receipt of a copy of this judgment. v) Send a copy of this judgment and award to the trial Court. vi) No order as to costs. vii) Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: BCK LIST NO.: 1 SL NO.: 39