- 1 - HC-KAR NC: 2025:KHC-D:10028-DB MFA No. 103859 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO. 103859 OF 2016 (WC) BETWEEN: 1. SMT. ASHABI ALLABAX PATHAN, AGE: 47 YEARS, OCC: HOUSEHOLD WORK. 2. SHRI. RAMZAN ALLABAX PATHAN, AGE: 30 YEARS, OCC: COOLIE, BOTH ARE R/O. AZAD GALLI, SHIVAJI NAGAR, NIPPANI-591237, TQ: CHIKODI, DIST: BELAGAVI. …APPELLANTS (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. SHRI. PANKAJ ATMARAM KUMBHAR, AGE: MAJOR, OCC: TRANSPORT BUSINESS, R/O. KALE-415104, TQ: KARAD, DIST: SATARA. 2. THE DIVISIONAL MANAGER, CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED, OFFICE AT: 2ND FLOOR, DARE HOUSE, 2 NSC BOSE ROAD, CHENNAI-600001. …RESPONDENTS (BY SRI. MADHUKESHWAR DESHPANDE, ADV. FOR SRI. S. S. KAYAKAMATH, ADV. FOR R2; NOTICE TO R2 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.30(1) OF W.C.ACT, PRAYING TO MODIFY THE ORDER PASSED BY II ADDL. SENIOR CIVIL JUDGE AND COMMISSIONER FOR WORKMEN’S COMPENSATION, BELAGAVI, AT: BELAGAVI, IN E.C.A. NO.156/2014 DATED 04.07.2016 BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10028-DB MFA No. 103859 of 2016 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed by the appellants/claimants challenging the judgment and award dated 04.07.2016 passed in ECA No.156/2014 by the II Additional Senior Civil Judge and Commissioner for Workmen’s Compensation, Belagavi (for short, ‘Commissioner’). 2. Brief facts leading to filing of this appeal are that the wife and children of deceased-Allabax Babaji Pathan filed a claim petition under Section 22 of the Workmen’s Compensation Act, 1923 (‘Act’, for short) seeking compensation for the death of late Allabax Pathan in a accident during the course of employment. 3. The respondent No.1-owner of the vehicle filed objections denying the averment. Respondent No.2 – insurer of the vehicle filed separate objections denying the - 3 - HC-KAR NC: 2025:KHC-D:10028-DB MFA No. 103859 of 2016 relationship, age, income and entitlement of the compensation. The Commissioner recorded the evidence. The claimant examined PW-1 and got marked documents as Exs.P1 to P10. The respondent did not adduce any evidence. The Commissioner on appreciation of the pleading and material on record, awarded compensation of ₹4,64,270/- with 12% interest p.a. from the expiry of one month from the date of death till the date of deposit of compensation amount by the respondent No.2. Being aggrieved, this appeal is filed. 4. Sri. Harish S. Maigur, learned counsel appearing for the appellants submits that the Commissioner has committed grave error in assessing the income of the deceased at ₹6,000/- per month which is required to be reassessed at ₹8,000/- per month. It is submitted that the Commissioner has committed an error in not awarding compensation under funeral expenses. Hence, he seeks to allow the appeal. - 4 - HC-KAR NC: 2025:KHC-D:10028-DB MFA No. 103859 of 2016 5. Per contra, learned counsel appearing for respondent No.2 supports the impugned order and submits that the owner of the vehicle – respondent No.1 himself has specifically pleaded that he was not paying ₹8,000/- per month as claimed in the claim petition. Hence, re-assessing the income of the deceased at ₹8,000/- per month would not arise. It is submitted that the award of compensation by the Commissioner is just and proper. Hence, seeks to dismiss the appeal. 6. We have given our anxious consideration to the submissions advanced on both sides. Meticulously perused the material available on record. 7. The substantial question of law arises for consideration in this appeal is: “Whether the Commissioner for Workmen’s Compensation has committed an error in notionally assessing the income of the deceased at ₹6,000/- which is contrary to the notification dated 31.05.2010 issued under Section 4(1B) of the Act?” - 5 - HC-KAR NC: 2025:KHC-D:10028-DB MFA No. 103859 of 2016 8. The pleading and evidence on record indicate that the deceased Allabax Babaji Pathan was working as a cleaner in a vehicle bearing registration No.MH-11/AL- 1809 belongs to respondent No.1. It is also not in dispute that the said vehicle was insured with respondent No.2. The evidence on record indicates that the death of Allabax Babaji Pathan is during the course of employment. Considering the same, the Commissioner has recorded the finding that respondent No.2 is liable to pay the compensation which has insured the vehicle in question. However, the Commissioner has committed an error in assessing the income of the deceased notionally at ₹6,000/- per month. Admittedly, minimum wages notification was issued by the Central Government on 31.05.2010 under Section 4(1B) of the Act, wherein the minimum wage is ₹8,000/- per month. Hence, we re-assess the notional income of the deceased at ₹8,000/- per month for the purpose of determination of compensation. The claimants are also entitled to - 6 - HC-KAR NC: 2025:KHC-D:10028-DB MFA No. 103859 of 2016 ₹10,000/- towards funeral expenses. Insofar as applying the factor and award of compensation is unaltered. Hence, compensation is re-assessed as under: ₹8,000 x 50/100 x 153.09 = ₹6,12,360/- 9. In addition, the claimants are also entitled to an amount of ₹10,000/- towards funeral expenses. Thus, in all, the appellants/claimants are entitled to total compensation of ₹6,22,360/- as against ₹4,64,270/- awarded by the Commissioner. Accordingly, the substantial question of law formulated above is answered in favour of the claimants. 10. For the aforementioned reasons, we proceed to pass the following: ORDER i. Appeal stands allowed in part. ii. The impugned judgment and award passed by the Commissioner is modified to an extent that the claimants are entitled to total - 7 - HC-KAR NC: 2025:KHC-D:10028-DB MFA No. 103859 of 2016 compensation of ₹6,22,360/- as against ₹4,64,270/- awarded by the Commissioner. iii. The enhanced compensation amount shall carry interest at the rate of 12% per annum from the expiry of one month from the date of death till the amount of deposit. iv. The respondent/insurer shall deposit the enhanced amount with accrued interest before the Commissioner within six weeks from the date of receipt of certified copy of this order. v. Draw modified award accordingly. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM/CLK CT-AN List No.: 1 Sl No.: 59