- 1 - NC: 2025:KHC-D:3049 MFA No. 24681 of 2013 C/W MFA No. 100024 of 2015 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.24681 OF 2013 (WC) C/W MISCELLANEOUS FIRST APPEAL NO.100024 OF 2015 IN M.F.A. NO.24681 OF 2013 BETWEEN: THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, BELLARY, NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY, V.A. KALBURGI MANSION, 4TH FLOOR, IN FRONT OF MUNICIPAL CORPORATION, LAMINGTON ROAD, HUBLI. …APPELLANT (BY SRI S.K.KAYAKAMATH, ADVOCATE) AND: 1. SHRI SHIVAPPA S/O. GANGAYYA, AGE: 39 YEARS, OCC: EX-DRIVER, R/O: HOSPET, DISTRICT: BELLARY. 2. SHRI RAZAAK HUSSAIN S/O. MOHAMMED SAB, AGE: MAJOR, OCC: OWNER OF THE LORRY BEARING NO.KA-35/7761, R/O: MEHABOOB NAGAR, BEHIND PATEL HIGH SCHOOL, HOSPET, DISTRICT: BELLARY. …RESPONDENTS (BY SRI HANUMANTHREDDY SAHUKAR, ADVOCATE FOR R1; R2 – SERVICE OF NOTICE DISPENSED WITH.) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3049 MFA No. 24681 of 2013 C/W MFA No. 100024 of 2015 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF WORKMEN’S COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT DATED 19.07.2013 PASSED BY THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN’S COMPENSATION, SUB-DIVISION-I, BELLARY, IN WC/NF NO.58/2012 AND TO PASS ANY OTHER ORDER OR ORDERS AS THIS COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A.NO.100024 OF 2015 BETWEEN: SRI SHIVAPPA S/O. GANGAIAH, AGE: 40 YEARS, OCC: DRIVER, R/O: HOSAPETE, DIST: BALLARY. …APPELLANT (BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE.) AND: 1. SRI RAJAQ HUSSAIN S/O. RAJA MOHAMMED SAB, AGE: MAJOR, OCC: OWNER OF THE LORRY NO.KA-35/7761, R/O: MEHBOOB NAGAR, BEHIND PATEL HIGH SCHOOL, HOSAPETE, DIST: BALLARY. 2. THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., DOUBLE ROAD, BESIDE EDIGAH COMPLEX, BALLARY. …RESPONDENTS (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 OF WORKMEN’S COMPENSATION ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 19.07.2013 IN WCC.NO./N.F.NO.58/2012 PASSED BY THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, BALLARY DISTRICT, SUB-DIVISION-I, ALLOW THE CLAIM PETITION AS - 3 - NC: 2025:KHC-D:3049 MFA No. 24681 of 2013 C/W MFA No. 100024 of 2015 PRAYED FOR BY ALLOWING THE ABOVE APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) These appeals are filed challenging the judgment and award dated 19.07.2013, passed by the Labour Officer and Commissioner for Workmen’s Compensation, Ballari district, Sub-division-1, in W.C.No./N.F.No.58/2012. 2. MFA No.24681/2013 is filed by the insurance company seeking to reduce the compensation and MFA No.100024/2015 is filed by the claimant seeking enhancement of compensation. 3. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court. 4. In the present case, the claimant being driver under the employment of respondent No.2 had sustained employment injuries out of and in the course of employment - 4 - NC: 2025:KHC-D:3049 MFA No. 24681 of 2013 C/W MFA No. 100024 of 2015 is not in dispute. The learned Commissioner by taking permanent disability at 30% and holding the monthly wages of Rs.4,500/-, awarded compensation of Rs.1,76,620/-. 5. The tribunal has not adopted correct parameters while assessing the compensation. From the medical evidence on record it is proved that the claimant has suffered injury to left temporal region over left little toe and injury to left eye and lacerated wound to right leg and abrasion injuries to the right shoulder and right elbow bone. There is no fractural injuries. But the Commissioner has taken permanent physical disability at 30% which is found to be on higher side. Therefore, it is just and proper to take 20% of permanent physical disability since the injuries are simple in nature as there are no fractural injuries. 6. Further, the Commissioner has committed an error in holding monthly wage of the claimant at Rs.4,500/- but it ought to be Rs.4,000/- per month and 60% of the same is to be considered for awarding compensation in injury cases. The claimant was aged 38 years old at the time of accident. Therefore, the relevant factor is 189.56. - 5 - NC: 2025:KHC-D:3049 MFA No. 24681 of 2013 C/W MFA No. 100024 of 2015 Therefore, loss of earning capacity due to disability is hereby re-assessed as follows: Rs.4,000 x 60% x 189.56 x 20% = Rs.90,988/-. 7. Further, the learned Commissioner has not awarded compensation towards medical expenses. Ex.P.10 are the medical bills proving the fact of the claimant has made expenditure of Rs.50,138/-. Accordingly it is awarded. 8. Therefore, the claimant is entitled for total compensation of Rs.1,41,126/- (Rs.90,988 + Rs.50,138) 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.1,76,620/- 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. 9. Therefore, both the appeals are liable to be allowed in part in terms as stated above. Hence, I proceed to pass the following: - 6 - NC: 2025:KHC-D:3049 MFA No. 24681 of 2013 C/W MFA No. 100024 of 2015 ORDER i) Both the appeals are allowed in part. ii) The judgment and award dated 19.07.2013, passed by the Labour Officer and Commissioner for Workmen’s Compensation, Ballari district, Sub-division-1, in W.C.No./N.F.No.58/2012, is modified. iii) The claimant is entitled for total compensation of Rs.1,41,126/- 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.1,76,620/- 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. - 7 - NC: 2025:KHC-D:3049 MFA No. 24681 of 2013 C/W MFA No. 100024 of 2015 vi) No order as to costs. vii) Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. 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