- 1 - NC: 2025:KHC-D:3611 MFA No. 103272 of 2019 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103272 OF 2019 (WC) BETWEEN: SMT. RUDRAMMA W/O. BYLUVADIGERI CHOUDAPPA, AGE: 63 YEARS, OCC: HOUSE WIFE, R/O: GINIGERE, TQ: AND DIST: KOPPAL. …APPELLANT (BY SMT. KEERTHI G.K., ADVOCATE.) AND: 1. G. CHINNABASAPPA, AGED ABOUT 54 YEARS, OCC: OWNER OF THE VEHICLE BEARING REGISTRATION NO.KA-35/A-589, R/O: TORANGALLU R.S., TQ: SANDUR, DIST: BALLARI-583101. 2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., HOSAPETE, DIST: BALLARI-583101. …RESPONDENTS (BY SRI CHANDRASHEKHAR R. HIREMATH, ADVOCATE FOR R1; SMT. RATNAMALA G.H., ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO ALLOW THE APPEAL AND CONSEQUENTLY TO MODIFY THE JUDGMENT AND AWARD DATED 29.06.2013 PASSED BY THE LABOUR OFFICER CUM WORKMEN COMPENSATION COMMISSIONER AT KOPPAL, IN W.C.NO.91/2011 AND ENHANCE THE COMPENSATION BY RS.2,62,170/-, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3611 MFA No. 103272 of 2019 THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) I.A.No.1/2019 is filed seeking to condone the delay of 2189 days in filing the appeal. Accepting the cause shown in the affidavit accompanying the application, I.A.No.1/2019 is allowed. Delay of 2189 days in preferring the appeal is condoned, subject to condition that the claimant is not entitled for interest for the delayed period in case if she succeeds in the appeal. 2. This appeal is filed by the claimant challenging the judgment and award dated 29.06.2013, passed by the Labour Officer cum Workmen’s Compensation Commissioner at Koppal, in W.C.No.91/2011, praying to saddle the liability on the Insurance Company to pay compensation on the reason that there was existence of insurance policy in respect of the offending vehicle as on the date of accident and also seeking enhancement of compensation. - 3 - NC: 2025:KHC-D:3611 MFA No. 103272 of 2019 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident, death of the workman, employer and employee relationship and death of the workman in the course of employment and out of employment are not in dispute in this case. 5. In this case, I.A.No.2/2019 is filed under Order 41 Rule 27 of CPC for production of additional evidence and the additional document evidence of insurance policy is filed. The insurance policy is original one. Upon perusing the additional document evidence, as on the date of accident, there was insurance coverage in respect of the offending vehicle. This insurance policy was not produced before the tribunal. Therefore, the Commissioner fastened liability on the owner of the vehicle. Now upon considering the additional evidence of insurance policy, the Insurance Company is liable to indemnify the owner and pay compensation. Therefore, I.A.No.2/2019 is allowed and the document is considered accordingly. - 4 - NC: 2025:KHC-D:3611 MFA No. 103272 of 2019 6. In this case, the Commissioner has awarded a total compensation of Rs.3,37,830/- by taking the income of the deceased at Rs.3,000/- per month and considering the relevant factor according to the age of the deceased workman. 7. On a perusal of the material placed before the Court, the accident is caused on 08.10.2009. Therefore, monthly income is to be taken at Rs.4,000/-. As per section 4 of the Workmen’s Compensation Act, 50% of the monthly wages has to be considered. The claimant was aged 19 years old at the time of accident. Considering the age of the deceased, the relevant factor is 225.22. Therefore, the compensation under the head loss of income due to death of the workman is reassessed and quantified as under: Rs.4,50,440/- (Rs.4,000 x 50% x 225.22). 8. Therefore, the claimant is entitled for total compensation of Rs.4,50,400/- along with interest at the rate of 12% p.a. from after 30 days from the date of accident till realization, as against Rs.3,37,830/- awarded by - 5 - NC: 2025:KHC-D:3611 MFA No. 103272 of 2019 the Commissioner. The insurance company is directed to deposit the compensation within eight weeks 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 judgment and award dated 29.06.2013 passed by the Labour Officer cum Workmen’s Compensation Commissioner at Koppal, in W.C.No.91/2011, is modified. iii) The claimant is entitled for total compensation of Rs.4,50,400/- along with interest at the rate of 12% p.a. from after 30 days from the date of accident till realization, as against Rs.3,37,830/- awarded by the Commissioner. 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:3611 MFA No. 103272 of 2019 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.: 1 Sl No.: 26