- 1 - HC-KAR NC: 2025:KHC-K:7777 MFA No. 200282 of 2021 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCL. FIRST APPEAL NO. 200282 OF 2021 (ECA -) BETWEEN: BASAPPA S/O SANGAPPA BILUR AGE: 60 YEARS, OCC: EARLIER COOLIE, NOW NIL, R/O BOMMANAHALLI, TQ. & DIST. VIJAYAPURA-586102 …APPELLANT (BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE) AND: 1. SRI BABUGOUDA S/O APPASAHEBGOUDA PATIL, CONTRACTOR, SUB-CONTRACTOR, AGE ABOUT 45 YEARS, OCC: BUSINESS, R/O: AKALWADI, TQ. JATH, DIST.SANGLI, NOW RESIDING AT RAJAJI NAGAR, VIJAYAPURA-586101, 2. THE MANAGING DIRECTOR/PROPRIETOR, M/S. RAMKY INFRASTRUCTURE LIMITED AND M/S. APR PROJECT PRIVATE LTD (JV), 6-3-1089/G/10 AND 11, RAJ BHAVAN ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC-K:7777 MFA No. 200282 of 2021 SAMAJI GUDD, HYDERABAD-500082, (ANDRA PRADESH STATE) 3. THE COMMISSIONER, CITY MUNICIPAL CORPORATION, VIJAYAPURA-586101, …RESPONDENTS (SRI SACHIN M. MAHAJAN, ADVOCATE, FOR R3; R2-NOTICE HELD SUFFICIENT; R1-SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 10.11.2020 PASSED IN ECA NO.73/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES COMPENSATION ACT, VIJAYAPURA AND ALLOW THIS APPEAL BY AWARDING COMPENSATION AMOUNT OF RS.10,00,000/- ONLY AS CLAIMED BY THE APPELLANT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P. SREE SUDHA ORAL JUDGMENT 1. This appeal is filed by the claimant against the judgment and award dated 10.11.2020 passed by the Principal Senior Civil Judge and Commissioner for - 3 - HC-KAR NC: 2025:KHC-K:7777 MFA No. 200282 of 2021 Employee’s Compensation Act, Vijayapura [for short ‘Commissioner’], in ECA No.73/2015. 2. The injured claimant aged 55 years, working as Labour under respondent No.1, filed a claim petition before the Commissioner seeking compensation of Rs.10,00,000/- with interest, on account of injuries sustained to him during the course of his employment. The Commissioner after considering the entire evidence on record, dismissed the claim petition for the reason that there is inconsistency in the evidence of claimant and the documents and thus disbelieved the version of the claimant that he was working with respondent No.1 and sustained injuries during the course of employment. Aggrieved by the said award, the petitioner-claimant has preferred this appeal. 3. The substantial question of law that would arise for consideration of this Court are as under: Whether Commissioner is justified in dismissing the claim petition on the ground - 4 - HC-KAR NC: 2025:KHC-K:7777 MFA No. 200282 of 2021 that employer and employee relationship is proved? 4. Heard arguments of both the parties and perused the material available on record. 5. The main contention of the appellant/claimant is that the accused was convicted in C.C. No.2933/2014 produced at Ex.P8, which clearly shows that he was an employee of respondent No.1 and the accident occurred during the course of employment, therefore, matter be remanded to the Commissioner for fresh consideration. 6. In view of above, the following order is passed: (i) Appeal is allowed. (ii) Matter is remanded to the Commissioner for fresh consideration in accordance with law. (iii) The Commissioner is directed to give opportunity to both the parties to adduce - 5 - HC-KAR NC: 2025:KHC-K:7777 MFA No. 200282 of 2021 evidence and to argue the matter and dispose of the same within three months from the date of this judgment. (iv) Registry is directed to send back the records to the Commissioner within 10 days. (v) Both the parties are directed to appear before the Commissioner on 16.01.2026*. Sd/- (P. SREE SUDHA) JUDGE SBS List No.: 1 Sl No.6 CT: RJ * Corrected vide chamber order dated 07.01.2026.