- 1 - NC: 2025:KHC-D:707 MFA No. 102485 of 2023 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102485 OF 2023 (ECA) BETWEEN: SHRI BHIMAPPA @ KUMAR S/O. BHARAMAPPA MYAGADI, AGE: 27 YEARS, OCC: CLEANER (NOW NIL), R/O: NUGGANATTI, TQ. SOUNDATTI, DIST. BELAGAVI-591119. …APPELLANT (BY SRI VIJAYKUMAR KOTIN, ADVOCATE) AND: 1. SHRI SANJUNATH S/O. SABU JAGADAL, AGE. MAJOR, OCC. BUSINESS, R/O. SUBHASH NAGAR, DIST. BELAGAVI-590001. (OWNER OF BHARAT BENZ TRUCK VEHICLE BEARING KA-22/C-3195) 2. THE DIVISIONAL MANAGER, TATA AIG GENERAL INSURANCE COMPANY LTD., HALL MARK BUILDING, 3RD FLOOR, DESAI CROSS, HUBLI-580029, KARNATAKA. (INSURER OF BHARAT BENZ TRUCK VEHICLE BEARING KA-22/C-3195) …RESPONDENTS (BY SRI SUBHASH J. BADDI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:707 MFA No. 102485 of 2023 AND AWARD PASSED BY THE SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES COMPENSATION, BAILHONGAL, IN ECA NO.10/2021, DATED 01.04.2023, BY ALLOWING THIS APPEAL WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 01.04.2023, passed by the Senior Civil Judge and Commissioner for Employees Compensation, Bailhongal, in ECA No.10/2021, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. - 3 - NC: 2025:KHC-D:707 MFA No. 102485 of 2023 “Fracture of tibia bone of right leg.” 5. In this case, the tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of earning capacity due to disability. 1,55,002 2. Towards medical expenses. 11,935 Total: 1,66,937 6. The only dispute in this case is consideration of disability at 8% by the tribunal. 7. The claimant having sustained employment injuries, out of and in the course of employment while working as a cleaner in truck bearing No.KA-25/C-4641 under the employment of respondent No.1, the tribunal has awarded a compensation of Rs.1,55,002/- for the injuries sustained, by holding percentage of disability at 8% and considering the relevant factor according to the age of the claimant. - 4 - NC: 2025:KHC-D:707 MFA No. 102485 of 2023 8. On perusal of the record, the claimant has suffered fracture of tibia bone of right leg. Though PW.2 doctor has stated that the claimant has suffered 25% disability, it is found to be exaggerated. But at the same time it could not be 8% as held by the commissioner. Therefore, considering the nature of injuries sustained and the avocation of the claimant, it is just and proper to take 15% as permanent partial disability. The accident is caused on 04.01.2020. Therefore, monthly income is taken at Rs.15,000/-. As per section 4 of the Workmen’s Compensation Act, 60% of the monthly wages has to be considered. The claimant was aged 26 years old at the time of accident. Considering the age of the claimant, the relevant factor is 215.28. Therefore, the compensation under the head loss of compensation due to disability is reassessed and quantified as under: Rs.2,90,628/- (Rs.15,000 x 60% x 15% x 215.28). - 5 - NC: 2025:KHC-D:707 MFA No. 102485 of 2023 9. The compensation of Rs.11,935/- awarded by the commissioner towards medical expenses is kept intact as it is based on the actual medical bills. 10. Therefore, the claimant is entitled for total compensation of Rs.3,02,563/- along with interest at the rate of 12% p.a. from the date of accident till realization, as against Rs.1,66,937/- awarded by the tribunal. The insurance company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 11. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 01.04.2023, passed by the Senior Civil Judge and Commissioner for Employees Compensation, Bailhongal, in ECA No.10/2021, stands modified. - 6 - NC: 2025:KHC-D:707 MFA No. 102485 of 2023 iii) The claimant is entitled for total compensation of Rs.3,02,563/- along with interest at the rate of 12% p.a. from the date of accident till its realization, as against the compensation of Rs.1,66,937/- awarded by the tribunal. 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. v) Send a copy of this judgment and award to the tribunal. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 2 Sl No.: 34