- 1 - HC-KAR NC: 2025:KHC-D:8960 MFA No. 24108 of 2013 C/W MFA No. 24109 of 2013 MFA No. 24110 of 2013 MFA No. 24111 of 2013 MFA No. 24112 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 24108 OF 2013 (WC) C/W MISCELLANEOUS FIRST APPEAL NO. 24109 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 24110 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 24111 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 24112 OF 2013 IN MFA NO. 24108 OF 2013: BETWEEN: THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., BALLARI, NOW REPRESENTED BY ITS DEPUTY MANAGER, S.K. HOSAMANI, REGIONAL OFFICE, ARIHANT ARCADE, KUSUGAL ROAD, KESHWAPUR, HUBBALLI. … APPELLANT (BY SRI. SURESH S. GUNDI, ADVOCATE) AND: 1. SHRI S. SILARSAB S/O S. NABISAB, AGE: 34 YEARS, OCC: EX-DRIVER, R/O: MARUTI STREET, TAL: SONDUR, DIST: BALLARI. 2. SHRI M. ANWAR BASHA S/O M. NAJEER AHMED, AGE: MAJOR, OCC: OWNER OF LORRY MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.08.14 12:07:12 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8960 MFA No. 24108 of 2013 C/W MFA No. 24109 of 2013 MFA No. 24110 of 2013 MFA No. 24111 of 2013 MFA No. 24112 of 2013 NO.KA-35-C-9297, R/O: TORANAGALLU, DIST: BALLARI. … RESPONDENTS (APPEAL AGAINST R1 IS ABATED AS ON 10.08.2022; R2-SERVED) THIS MFA IS FILED UNDER SECTION 30(1) OF WORKMEN’S COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 06.07.2013 PASSED IN KANAPA NO.CR-130/2011 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION-II BELLARY. IN MFA NO. 24109 OF 2013: BETWEEN: THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., BALLARI, NOW REPRESENTED BY ITS DEPUTY MANAGER, S.K. HOSAMANI, REGIONAL OFFICE, ARIHANT ARCADE, KUSUGAL ROAD, KESHWAPUR, HUBBALLI. … APPELLANT (BY SRI. SURESH S. GUNDI, ADVOCATE) AND: 1. SHRI PENNAPPA S/O MUDIYAPPA, AGE: 26 YEARS, OCC: EX-CLEANER, R/O: MARUTI STREET, TQ: SONDUR, DIST: BALLARI. 2. SHRI M. ANWAR BASHA S/O M. NAJEER AHMED, AGE: MAJOR, OCC: OWNER OF LORRY NO.KA-35-C-9297, R/O: TORANAGALLU, DIST: BALLARI. … RESPONDENTS (R1-HELD SUFFICIENT; R2-SERVED) - 3 - HC-KAR NC: 2025:KHC-D:8960 MFA No. 24108 of 2013 C/W MFA No. 24109 of 2013 MFA No. 24110 of 2013 MFA No. 24111 of 2013 MFA No. 24112 of 2013 THIS MFA IS FILED UNDER SECTION 30(1) OF WORKMEN’S COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 06.07.2013 PASSED IN KANAPA NO.CR-131/2011 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION-II BELLARY. IN MFA NO. 24110 OF 2013: BETWEEN: THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., BALLARI, NOW REPRESENTED BY ITS DEPUTY MANAGER, S.K. HOSAMANI, REGIONAL OFFICE, ARIHANT ARCADE, KUSUGAL ROAD, KESHWAPUR, HUBBALLI. … APPELLANT (BY SRI. SURESH S. GUNDI, ADVOCATE) AND: 1. SHRI B. BHIMAPPA S/O MUDIYAPPA, AGE: 34 YEARS, OCC: EX-LOADER, R/O: MARUTI STREET, TAL: SONDUR, DIST: BALLARI. 2. SHRI M. ANWAR BASHA S/O M. NAJEER AHMED, AGE: MAJOR, OCC: OWNER OF LORRY NO.KA-35-C-9297, R/O: TORANAGALLU, DIST: BALLARI. … RESPONDENTS (R1 AND R2-SERVED) THIS MFA IS FILED UNDER SECTION 30(1) OF WORKMEN’S COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 06.07.2013 PASSED IN KANAPA - 4 - HC-KAR NC: 2025:KHC-D:8960 MFA No. 24108 of 2013 C/W MFA No. 24109 of 2013 MFA No. 24110 of 2013 MFA No. 24111 of 2013 MFA No. 24112 of 2013 NO.CR-132/2011 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION-II BELLARY. IN MFA NO. 24111 OF 2013: BETWEEN: THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., BALLARI, NOW REPRESENTED BY ITS DEPUTY MANAGER, S.K. HOSAMANI, REGIONAL OFFICE, ARIHANT ARCADE, KUSUGAL ROAD, KESHWAPUR, HUBBALLI, … APPELLANT (BY SRI. SURESH S. GUNDI, ADVOCATE) AND: 1. SHRI ABDULKADAR S/O KHADAR BASHA S/O PAREEBASAB, AGE: 40 YEARS, OCC: EX-LOADER, R/O: MARUTI STREET, TAL: SONDUR, DIST: BALLARI. 2. SHRI M. ANWAR BASHA S/O M. NAJEER AHMED, AGE: MAJOR, OCC: OWNER OF LORRY NO.KA-35-C-9297, R/O: TORANAGALLU, DIST: BALLARI. … RESPONDENTS (R1 AND R2-SERVED) THIS MFA IS FILED UNDER SECTION 30(1) OF WORKMEN’S COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 06.07.2013 PASSED IN KANAPA NO.CR-133/2011 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION-II BELLARY. - 5 - HC-KAR NC: 2025:KHC-D:8960 MFA No. 24108 of 2013 C/W MFA No. 24109 of 2013 MFA No. 24110 of 2013 MFA No. 24111 of 2013 MFA No. 24112 of 2013 IN MFA NO. 24112 OF 2013: BETWEEN: THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., BALLARI, NOW REPRESENTED BY ITS DEPUTY MANAGER, S.K. HOSAMANI, REGIONAL OFFICE, ARIHANT ARCADE, KUSUGAL ROAD, KESHWAPUR, HUBBALLI, … APPELLANT (BY SRI. SURESH S. GUNDI, ADVOCATE) AND: 1. SHRI MOHAMMAD IQBAL S/O ABDUL REHMAN, AGE: 40 YEARS, OCC: EX-LOADER, R/O: TORANAGALLU, TAL: R.S. SONDUR, DIST: BALLARI. 2. SHRI M. ANWAR BASHA S/O M. NAJEER AHMED, AGE: MAJOR, OCC: OWNER OF LORRY NO.KA-35-C-9297, R/O: TORANAGALLU, DIST: BALLARI. … RESPONDENTS (R1-HELD SUFFICIENT; R2-SERVED) THIS MFA IS FILED UNDER SECTION 30(1) OF WORKMEN’S COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 06.07.2013 PASSED IN KANAPA NO.CR-134/2011 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION-II BELLARY. THESE APPEALS ARE COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC-D:8960 MFA No. 24108 of 2013 C/W MFA No. 24109 of 2013 MFA No. 24110 of 2013 MFA No. 24111 of 2013 MFA No. 24112 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) These appeals are filed by the insurance company challenging the judgment and award dated 06.07.2013 passed by the Labour Officer and Commissioner for Workmen Compensation-II, Bellary in ¸ÀA.PÁC§-2/PÁ£À¥À/¹Dgï- 130 jAzÀ 134/2011 (hereinafter referred to as the ‘Commissioner’). 2. It is the case of claimants that on 10.05.2005 at about 8.00 p.m., all the claimants being driver, cleaner and loaders were travelling in the Lorry bearing Reg.No.KA-35-C-9297 under the employment and at the instructions of respondent No.2, and while going so, due to rash and negligent driving of the Lorry, driver lost control and two wheels have been separated from the vehicle and thus, the Lorry fell into a ditch and due to this, the claimants have sustained employment injuries out of and in the course of employment. The claimants have filed claim petition after six years from the date of the accident - 7 - HC-KAR NC: 2025:KHC-D:8960 MFA No. 24108 of 2013 C/W MFA No. 24109 of 2013 MFA No. 24110 of 2013 MFA No. 24111 of 2013 MFA No. 24112 of 2013 i.e., on 27.12.2010. The learned Commissioner entertained the petitions and awarded compensation. 3. The learned counsel for the appellant/insurance company submitted that the claim is false and frivolous one just to make illegal enrichment and the incident was not happened and also there is a delay of six years in filing claim petitions. Though the claimants have sufficient time of two years to file petition, but filed after six years. Therefore, the claim of the claimants is not genuine one but this is not correctly appreciated by the learned Commissioner, resulting into passing erroneous judgment and award. Hence, prays to interfere with the same. 4. Notice issued to respondents was served and they remained absent. 5. Heard arguments from the learned counsel for the appellant/insurance company. 6. Admittedly, as per claimants, the accident is caused on 10.05.2005 at night 8.00 p.m. It is the case of claimants that while they were travelling, as a driver, - 8 - HC-KAR NC: 2025:KHC-D:8960 MFA No. 24108 of 2013 C/W MFA No. 24109 of 2013 MFA No. 24110 of 2013 MFA No. 24111 of 2013 MFA No. 24112 of 2013 cleaner and loaders have sustained employment injuries out of and in the course of employment. As per Section 10 of the Employees Compensation Act, the limitation is two years from the date of accident to prefer claim petition. But the claim is filed after six years from the date of the accident. The explanation offered by the claimant is that, they were illiterate. Hence, they could not file claim petition in time. The time limit to prefer claim petition is two years which is sufficient and enough to prefer claim before the learned Commissioner. Even if the claim is not made within period of limitation or after two years period, sufficient explanations ought to be offered. But in the present case, there is no convincing and proper explanation as to why the delay in filing claim petition. The only reason is that they are illiterates. Hence, they have not filed claim petitions in time. In this regard, the learned Commissioner has not correctly appreciated the delay caused in preferring the claim petition. Therefore, in the absence of cogent and convincing explanations for causing - 9 - HC-KAR NC: 2025:KHC-D:8960 MFA No. 24108 of 2013 C/W MFA No. 24109 of 2013 MFA No. 24110 of 2013 MFA No. 24111 of 2013 MFA No. 24112 of 2013 delay, delay to the claim petition shall not be entertained. Therefore, the claim petitions are liable to be dismissed as barred by limitation. The learned Commissioner while condoning the delay, has not assigned sufficient reasons for condonation of delay and therefore, discretion exercised by the learned Commissioner is not on the ground principle of law. Therefore, the claim petitions are liable to be dismissed. Accordingly, the appeals are liable to be allowed. 7. Hence, I proceed to pass the following: ORDER i. The appeals are allowed. ii. The judgment and award dated 06.07.2013 passed by the Labour Officer and Commissioner for Workmen Compensation- II, Bellary in ¸ÀA.PÁC§-2/PÁ£À¥À/¹Dgï-130 jAzÀ 134/2011 is hereby set aside. Consequently, the claim petitions are dismissed. - 10 - HC-KAR NC: 2025:KHC-D:8960 MFA No. 24108 of 2013 C/W MFA No. 24109 of 2013 MFA No. 24110 of 2013 MFA No. 24111 of 2013 MFA No. 24112 of 2013 iii. No order as to costs. iv. The amount in deposit shall be refunded to the appellant insurance company. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 33