- 1 - HC-KAR NC: 2025:KHC:29227-DB MFA.CROB No. 103 of 2016 C/W MFA No. 1587 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T M.F.A. CROSS OBJECTION NO.103 OF 2016 (WC) CONNECTED WITH MISCELLANEOUS FIRST APPEAL NO.1587 OF 2016 IN M.F.A. CROB No.103/2016: BETWEEN: SRI P. RAJU @ RAJA S/O. LATE PILLAPPA AGED ABOUT 27 YEARS RESIDING AT NO.133 C/O. NAGARAJAPPA ANANTHAPURA SINGANAYKANAHALLI POST YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU-560 064. …CROSS OBJECTOR (BY SRI K. MURTHY, ADVOCATE) AND: SRI N. KRISHNAPPA S/O. NARAYANAPPA AKKAYAMMA BUILDING HINDU, AGED ABOUT 38 YEARS BUILDERS NAGONDAHALLI COLONY WHITE FIELD POST, KRISHNARAJAPURA HOBLI, BENGALURU EAST BENGALURU. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29227-DB MFA.CROB No. 103 of 2016 C/W MFA No. 1587 of 2016 ALSO AT: IMMADIHALLI POST 2ND CROSS, BEHIND ANJANEYA TEMPLE WHITEFIELD ROAD KRISHNARAJAPURA HOBLI BENGALURU EAST BENGALURU. …RESPONDENT (BY SRI G.B. NANDISH GOWDA, ADVOCATE, FOR SRI R.B. SADASHIVAPPA) * * * THIS M.F.A. CROSS OBJECTION IN M.F.A. NO.1587 OF 2016 IS FILED UNDER ORDER XLI, RULE 22 OF THE C.P.C. READ WITH SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19-1-2016 PASSED IN E.C.A. NO.13 OF 2014 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE & ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, BENGALURU, AWARDING COMPENSATION OF RS.3,30,243/- WITH INTEREST @ 12% P.A. FROM 15.12.2013 TILL PAYMENT. IN M.F.A. NO.1587/2016 BETWEEN: SRI N. KRISHNAPPA S/O. SRI NARAYANAPPA AGED ABOUT 38 YEARS R/O. AKKAYAMMA BUILDING NAGONDAHALLI COLONY WHITEFIELD POST KRISHNARAJAPURA HOBLI BENGALURU EAST BENGALURU. ...APPELLANT (BY SRI G.B. NANDISH GOWDA, ADVOCATE, FOR SRI R.B. SADASHIVAPPA) - 3 - HC-KAR NC: 2025:KHC:29227-DB MFA.CROB No. 103 of 2016 C/W MFA No. 1587 of 2016 AND: SRI P. RAJU @ RAJA S/O. LATE SRI PILLAPPA C/O. SRI NAGARAJAPPA AGED ABOUT 27 YEARS RESIDING AT NO.133, ANANTHAPURA SINGANAYAKANAHALLI POST YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU-560 064. ...RESPONDENT (BY SRI K. MURTHY, ADVOCATE) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 19-1-2016 PASSED IN E.C.A. NO.13 OF 2014 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE & ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, BENGALURU. M.F.A. CROSS OBJECTION AND MISCELLANEOUS FIRST APPEAL ARE COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T - 4 - HC-KAR NC: 2025:KHC:29227-DB MFA.CROB No. 103 of 2016 C/W MFA No. 1587 of 2016 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T.) M.F.A. Cross Objection No.103 of 2016 is filed by claimant/cross-objector and M.F.A. No.1587 of 2016 is filed by owner/respondent being aggrieved by the order dated 19-1-2016 passed by the IX Additional Small Causes and Additional Motor Accidents Claims Tribunal, Bengaluru, in E.C.A. No.13 of 2014. 2. For the sake of convenience, the parties herein shall be referred to in terms of their status before the Tribunal. 3. Brief facts of the case are that on 15-11-2013 at about 12.45 p.m., the claimant was doing windows framework in the fifth floor of the building at Immadihalli, Bengaluru, by tying rope at the outside of the building. While working along with other workers, the said rope tarred and he fell down from the fifth floor of the building. Due to which, he sustained grievous injuries. After the incident, he was shifted to Vydehi Hospital, Whitefield Road, Bengaluru, wherein, he was treated as an in-patient from 15-11-2013 to 6-12-2013. - 5 - HC-KAR NC: 2025:KHC:29227-DB MFA.CROB No. 103 of 2016 C/W MFA No. 1587 of 2016 4. Learned counsel for the cross-objector/claimant contended that the compensation awarded by the Tribunal is on the lower side and the Tribunal has not considered the medical bills furnished by him. Hence, he prayed to enhance the compensation. 5. Per contra, the learned counsel for the respondent/owner contended that there is no relationship of employer and employee between the owner and the claimant and therefore, he is not liable to pay compensation. 6. We have perused the material available on record. The Tribunal, after evidence on record, has recorded a clear finding of fact that the claimant sustained severe injuries during the course of employment under the employer/owner. The claimant has not produced any document to prove his income. Hence, the Tribunal has rightly assessed the income of the claimant at Rs.8,000/- per month as per Gazette Notification dated 31-5-2010 and awarded compensation of Rs.3,30,243/- with interest at the rate of 12% per annum from the date of accident to till the date of payment from the owner. Therefore, - 6 - HC-KAR NC: 2025:KHC:29227-DB MFA.CROB No. 103 of 2016 C/W MFA No. 1587 of 2016 we do not find any grounds to interfere with the well reasoned order of the Tribunal. Accordingly, we pass the following O R D E R i. M.F.A. Cross Objection No.103 of 2016 filed by the cross- objector/claimant and M.F.A. No.1587 of 2016 filed by respondent/owner are dismissed. The order dated 19-1-2016 passed by the IX Additional Small Causes and Additional Motor Accidents Claims Tribunal, Bengaluru, in E.C.A. No.13 of 2014, is hereby confirmed. ii. The amount in deposit, if any, shall be transferred to the Tribunal, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 43