- 1 - NC: 2025:KHC-D:2308 MFA No. 23354 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.23354 OF 2013 (WC) BETWEEN: UNITED INDIA INSURANCE CO. LTD., THE DIVISIONAL MANAGER, BELLARI, REPRESENTED BY ITS THE DIVISIONAL MANAGER. …APPELLANT (BY SMT. PREETI SHASHANK, ADVOCATE) AND: 1. 1A. 1B. 1C. SRI M.S. ASHWATH S/O. SHANKRAPPA, AGED ABOUT 39 YEARS, OCC. X DRIVER, R/O: S.N. PETE, BELLARI, DIST. BELLARI. SINCE DECEASED BY HIS LR’S SMT. VIJAYALAXMI W/O. LATE M.S. ASHWATH, AGED ABOUT 34 YEARS, OCC. KUMARI. AMRUTHA D/O. LATE M.S. ASHWATH, AGED ABOUT 18 YEARS, OCC. KUMARI. NEHA D/O. LATE M.S. ASHWATH, AGED ABOUT 14 YEARS, (SINCE 14 YEARS REPRESENTED BY NATURAL MOTHER) ALL ARE R/O. 20TH CROSS, BESIDE MYLARALINGESHWAR TEMPLE, MALLAPPANAHATTI, MATAD KURBARHATTI, CHITRADURGA-577502. 2. SHIVAPRAKASH S/O. TIPPESHAPPA, AGE: MAJOR, R/O: UPPERIGENAHALLI, TQ: HOLAKERE, DISTRICT: CHITRADURGA. (OWNER OF GOODS AUTO NO.KA-16/9382) …RESPONDENTS (NOTICE TO R1 (A) TO R1 (C) ARE SERVED; R2-SERVICE OF NOTICE DISPENSED WITH) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2308 MFA No. 23354 of 2013 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF WC ACT, 1923, PRAYING TO SET ASIDE THE AWARD DATED 07.06.2013 PASSED IN CASE NO.LOB-2/CWC/CR- 215/2012 ON THE FILE OF THE LABOUR OFFICER AND WORKMEN’S COMPENSATION COMMISSIONER, SUB-DIVISION-2, BELLARI, EXAMINE THE SAME AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE. 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) Though the matter is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. The appeal is filed by the Insurance Company challenging the judgment and award dated 07.06.2013 passed in LOB-2/CWC/CR-215/2012 on the file of the Labour Officer and Workmen’s Compensation Commissioner, Sub-Division-2, Bellari (hereinafter referred to as ‘the Trial Court’ for short). The grounds raised in the appeal are that the claimant had not sustained any injuries in the accident and also the interest awarded is after thirty days from the date of accident is not correct and also the - 3 - NC: 2025:KHC-D:2308 MFA No. 23354 of 2013 claim petition filed after 7 years from date of accident i.e., on 2012. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 4. It is the case of the claimants that he was working as driver under the employment of respondent No.2 in the Goods Auto Rickshaw belonging to respondent No.2. The Trial Court has awarded compensation of Rs.1,31,027/- along with interest at the rat of 12% per annum. 5. It is submitted that the claimant has not produced any cogent evidence like X-ray to prove that the claimant has suffered fractured injuries. There was no mentioning in the FIR that the claimant has suffered injuries therefore, the claimant might have suffered simple injuries, but not so grievous as held by the doctor/PW-2 who deposed that the claimant has suffered 40% of - 4 - NC: 2025:KHC-D:2308 MFA No. 23354 of 2013 physical permanent disability. Therefore, prays to allow the appeal. 6. The respondents are served notice but are remained absent. 7. In the present case, the accident is caused on 13.05.2004, but the claim petition was filed in the year 2012 after lapse of 7 years. The Trial Court has awarded compensation of Rs.1,31,027/- with interest after 30 days from the date of accident is not correct. The period of limitation to prefer claim petition is two years from the date of accident; therefore, if the claim petition was filed within two years from the date of accident, then the claimant would be entitled for statutory interest after 30 days from the date of accident. Therefore, the award of interest after 30 days from the date of accident is not correct. Therefore, the claimant is entitled for interest from the date of petition since there is delay in preferring the claim petition. - 5 - NC: 2025:KHC-D:2308 MFA No. 23354 of 2013 8. Doctor/PW-2 has deposed that the claimant had suffered 40% of permanent physical disability. Accordingly, Ex.P-1 FIR and Ex.P-5 disability certificate proves that the claimant has suffered fracture of Tibia and Fibula bones of left leg. PW-2/doctor is not a treated doctor; therefore, his deposition that percentage of disability suffered is on higher side. The Trial Court has taken 35% towards permanent physical disability. Therefore, considering the aspect that the claimant has suffered fractural injuries to both bones of left leg; hence, 25% of permanent physical disability is taken into consideration. 9. The claimant was aged 30 years old at the time of accident. According to age of the claimant, wage of Rs.4,000/- per month is taken for consideration as per the provisions of the Employees Compensation Act and relevant factor is 207.98. Therefore, the claimant is entitled for compensation under the head loss of earning - 6 - NC: 2025:KHC-D:2308 MFA No. 23354 of 2013 capacity due to disability, which is reassessed and quantified as follows: Rs.1,24,788/- (Rs.4,000/- x 60/100 x 207.98 x 25/100). 10. Thus, in all, the claimant is entitled for total compensation of Rs.1,24,788/- along with interest at the rate of 12% p.a. from the date of petition till its realization. 11. Hence, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 07.06.2013 passed in LOB-2/CWC/CR-215/2012 on the file of the Labour Officer and Workmen’s Compensation Commissioner, Sub-Division- 2, Bellari, stands modified. iii. The claimants are entitled total compensation of Rs. 1,24,788/- along with interest at the rate of 12% p.a. from the date of the petition till its realization. iv. The appellant/Insurance Company shall deposit the amount within a period of eight - 7 - NC: 2025:KHC-D:2308 MFA No. 23354 of 2013 weeks from the date of receipt of a copy of this judgment. v. No order as to costs. vi. Draw award accordingly. vii. Amount in deposit made by the appellant/Insurance Company shall be transmitted to the Tribunal. viii. Excess amount if any, deposited by the appellant/Insurance Company shall be refunded to it. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 35