- 1 - NC: 2025:KHC-D:1372 MFA No. 101558 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101558 OF 2016 (WC) BETWEEN: 1. SMT. ANNAPURNA W/O. VENKATESH, AGE: 39 YEARS, OCC: HOUSE WIFE, 2. K. VENKATESH S/O. THAYAMMA, AGE: 53 YEARS, OCC: COOLIE, BOTH ARE R/O. HOSANINGAPUR VILLAGE, TQ. AND DIST: KOPPAL-584120. …APPELLANTS (BY SRI G.R. TURAMARI, ADVOCATE) AND: 1. SRI K. SHARANAPPA S/O. HOOLI BASAPPA, AGE: MAJOR, OCC: OWNER OF THE LORRY, R/O. NEAR BUS STAND, POST: JAYASINGAPUR, TQ: SANDUR, DIST: BALLARI-583274. 2. M/S. SHRIRAM GENERAL INSURANCE COMPANY LIMITED BY ITS MANAGER, NO.10003-E-8, RIICO INDUSTRIAL AREA, SITAPURA IN JAIPUR, RAJASTHAN STATE. …RESPONDENTS (BY SRI N.C. KOLLOORI, ADVOCATE FOR R2; R1- SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEE’S COMPENSATION ACT, PLEASED TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE COMMISSIONER FOR WORKMEN’S COMPENSATION, KOPPAL DIST: KOPPAL, DATED 16.01.2013 IN WCA/SR.NO.54/2012 AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1372 MFA No. 101558 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for orders with consent of learned counsel for the parties it is taken up for final disposal. 2. This appeal is filed by the claimants challenging the judgment and award dated 16.01.2013, passed by the Commissioner for Workmen’s Compensation, Koppal, in WCA/SR.No.54/2012 (hereinafter referred to as the ‘Commissioner’), seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident resulting in death of the deceased Anjeenappa in a road traffic accident and coverage of insurance are not in dispute in this case. 5. The Anjeenappa (hereinafter referred to as the ‘deceased’) was died out of and in the course of - 3 - NC: 2025:KHC-D:1372 MFA No. 101558 of 2016 employment. The deceased was working as a cleaner in the Truck bearing registration No.KA-35/9426 under the employment of respondent No.1. The claimants have approached the learned Commissioner for seeking compensation. The Commissioner has awarded compensation of Rs.5,05,732/- along with interest at the rate of 12% p.a. from 30 days after the date of accident till the date of deposit. 6. There is no dispute with regard to death of the deceased was caused out of and in the course of employment while working as a cleaner under the employment of respondent No.1, who is the employer. The accident occurred on 01.05.2012. The deceased was aged 18 years old at the time of accident. The Tribunal has committed an error in taking consideration of Rs.4,000/- as a monthly wages, which is on the lower side. This Court taking note of the age, avocation of the deceased as a coolie and year of the accident, re-assesses the income of the deceased at Rs.8,000/- per month as per the - 4 - NC: 2025:KHC-D:1372 MFA No. 101558 of 2016 provisions of the Employees Compensation Act and retain the relevant factor taken by the commissioner, by awarding 12% interest per annum after 30 days from the date of accident till the date of deposit. Hence, this Court re-assesses the compensation as under: Rs.9,05,520/- (Rs.8,000 x 50/100 x 226.38). 7. This Court is of the considered view that, the Commissioner has committed an error in not awarding any compensation under the head of funeral expenses. Hence, it would be just and proper to award the compensation of Rs.5,000/- under the head of funeral expenses. Thus, in all, the claimants would be entitled to total compensation of Rs.9,10,520/- (Rs.9,05,520/- plus Rs.5,000/-) as against Rs.5,05,732/- awarded by the Commissioner along with interest at the rate of 12% per annum from 30 days after the date of accident till the date of deposit. 8. The Insurance Company is directed to deposit the enhanced compensation amount within eight weeks - 5 - NC: 2025:KHC-D:1372 MFA No. 101558 of 2016 from the date of receipt of a certified copy of this judgment. 9. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The impugned judgment and award passed by the Commissioner stands modified to an extent that the claimants are entitled for total compensation Rs.9,10,520/- as against Rs.5,05,732/- awarded by the Tribunal. iii) 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. iv) The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. - 6 - NC: 2025:KHC-D:1372 MFA No. 101558 of 2016 v) The claimant is not entitled for interest for the delayed period of 1142 days in filing the appeal. vi) Send a copy of this judgment and award to the Tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 18