- 1 - NC: 2025:KHC-D:1340 MFA No. 104365 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.104365 OF 2018 (WC) BETWEEN: SANTOSH S/O. KEDARI RAIBAG, AGE: 30 YEARS, OCC: COOLIE (HAMAL), NOW NIL, R/O: WADERAHATTI-591307, TQ: GOKAK, DIST: BELAGAVI. …APPELLANT (BY SRI HARISH S.MAIGUR, ADVOCATE) AND: 1. MAHADEV S/O. APPASAHEB PATIL, AGE: MAJOR, OCC: BUSINESS, R/O: BASAVESHWAR NAGAR, CHIKKODI-591201, TQ: CHIKKODI, DIST: BELAGAVI. 2. UNITED INDIA INSURANCE COMPANY LTD., BY ITS DIVISIONAL MANAGER, MARUTI GALLI, BELAGAVI-590002. …RESPONDENTS (BY SRI S.S. BALLOLI, ADVOCATE FOR R1; SRI M.K. SOUDAGAR, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, PLEASED TO SET ASIDE THE JUDGMENT AND AWARD PASSED IN E.C.A.NO.24/2017, BY AWARDING COMPENSATION AS PRAYED IN THE CLAIM PETITION, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK, AT: GOKAK, DATED 04.09.2018, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1340 MFA No. 104365 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal 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. This appeal is filed by the claimant challenging the judgment and award dated 04.09.2018 passed in ECA No.24/2017 by the I Additional Senior Civil Judge, Gokak (hereinafter referred to as ‘the Trial Court’ for short) thereby, the claim petition filed by the claimant is dismissed on the reason that there is no evidence to prove the relationship of employer and employee between the respondent No.1 and claimant/appellant. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trail Court. 4. It is the case of claimant that while he was doing Hamali under the employment of respondent No.1 in the Truck bearing Reg.No.KA-23/4447, the driver of the said - 3 - NC: 2025:KHC-D:1340 MFA No. 104365 of 2018 truck drove the same with high speed and dashed the standing tree beside the road, thereby, the claimant had sustained employment injuries. 5. The Trial Court has dismissed the claim petition on the reason that there is no evidence to prove that there is relationship of employer and employee between respondent No.1 and the claimant respectively. The Trial Court has disbelieved the evidence Ex.P.3 which is statement recorded by the Police under Section 161 Cr.P.C. except this there is no other evidence. Therefore, dismissed the claim petition. 6. No doubt, the complaint/Ex.P-1 was lodged by the third party, who could have the status of working as Hamali under the employment of respondent No.1 and respondent No.1 has filed written statement stating that the claimant was working as Hamali in his truck. Quite naturally, respondent No.1 has stated so in his written statement, but respondent No.1 being owner had not entered into witness box to prove that the claimant was working under him as Hamal. Furthermore, Ex.P-3 is the statement recorded by - 4 - NC: 2025:KHC-D:1340 MFA No. 104365 of 2018 the Police under Section 161 of Cr.P.C., which is nothing but self explanatory statement of the claimant. Apart from this, there is no other evidence to prove that the claimant was working as Hamal under the employment of respondent No.1. Therefore, the Trial Court is correct in holding that there is no evidence to prove that the claimant was working as Hamal in the truck belonging to respondent No.1. Therefore, when there is no evidence to prove the relationship of employer and employee, then the Trial Court has correctly observed and dismissed the claim petition. 7. Therefore, in absence of proof of relationship of employer and employee, respondent No.2/Insurance Company is not liable to indemnify the owner as per insurance policy. 8. However, respondent No.1 in his written statement admitted that the claimant was working under him as Hamal in his truck. Therefore, respondent No.1 shall pay compensation to the claimant as he has admitted the relationship of employer and employee. Therefore, by - 5 - NC: 2025:KHC-D:1340 MFA No. 104365 of 2018 admission of respondent No.1, the relationship is proved, but not by any legal evidence adduced before the Trial Court. Hence, respondent No.1 alone shall pay compensation to the claimant. 9. The claimant was aged 27 years old as on the date of accident. Therefore, the relevant factor is 213.57. The accident is of the year 2011. Therefore, monthly income of Rs.8,000/- p.m. is taken for consideration. The claimant has sustained injuries like abrasion on right knee 2 x 1 cms., and tenderness on right knee and the doctor has stated that the claimant has suffered 35% permanent physical disability. Therefore, considering the injuries sustained by the claimant at 35% towards permanent physical disability is to be taken for consideration. Therefore, loss of earning capacity due to disability is hereby reassessed and quantified as follows: Rs.8,000/- x 60/100 x 213.57 x 35/100 = Rs.3,58,798/-. 10. Further, the claimant has produced cash receipts at Exs.P-29 to P-49 and Ex.P-51 for having made expenditure of Rs.49,226/- towards medical and - 6 - NC: 2025:KHC-D:1340 MFA No. 104365 of 2018 hospitalization charges. Therefore, the same is awarded under the head medical expenses and hospitalization charges. 11. Thus, in all, the claimant is entitled total compensation of Rs.4,08,024/- along with interest at the rate of 12% p.a. from after 30 days from the date of accident, till its realization. Respondent No.1/owner of the truck bearing Reg.No.KA-23/4447 is directed to deposit the compensation amount within a period of eight weeks. 12. Hence, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 04.09.2018 passed in ECA No.24/2017 by the I Additional Senior Civil Judge, Gokak, is hereby set aside. iii. Respondent No.1 is directed to deposit the compensation amount within a period of eight weeks from the date of copy of this judgment. iv. No order as to costs. v. Draw award accordingly. - 7 - NC: 2025:KHC-D:1340 MFA No. 104365 of 2018 vi. Send back the Trial Court Records along with certified copy of this judgment forthwith. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 42