- 1 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100692 OF 2014 (WC-) C/W MISCELLANEOUS FIRST APPEAL NO. 100693 OF 2014 MISCELLANEOUS FIRST APPEAL NO. 100694 OF 2014 MISCELLANEOUS FIRST APPEAL NO. 100695 OF 2014 MISCELLANEOUS FIRST APPEAL NO. 100696 OF 2014 IN MFA NO.100692/2014: BETWEEN: THE BRANCH MANAGER M/S. SRI. RAM GENERAL INSURANCE CO. LTD., JAIPUR, R/BY. ITS AUTHORIZED OFFICER, LEGAL CELL, E-8, EPIP, RIICO INDUSTRIAL AREA SITAPURA, JAIPUR-302022, RAJASTHAN STATE. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SHRI MADEV MALLAPPA BAJJINNAVAR S/O. MALLAPPA, AGE: MAJOR, OCC: EX DRIVER, R/O. C.B. NAGAR, NEAR RADIO PARK, BELLARY. 2. SHRI MOHAMMED AZEEM K S/O. K.KHALANDAR BASHA, OCC: OWNER OF THE LORRY MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.09 12:01:46 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS BEARING NO. KA-16/A 8125, AZAAD NAGAR, DIST: CHITRADURGA. …RESPONDENTS (BY SRI. MANJUNATH G. PATIL, ADVOCATE FOR R1; R2-SERVICE HELD SUFFICIENT) THIS MFA IS FILED U/SEC.30(1) OF WC ACT, 1923, AGAINST THE ORDER DTD:27.08.2013 PASSED IN WCA/CR-207/2011 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMENS COMPENSATION, SUB-DIVISION-2, BELLARY, AWARDING THE COMPENSATION OF RS.1,90,610/- WITH INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION AND SHALL BE DEPOSITED WITHIN 30 DAYS FROM THE DATE OF THE ORDER. IN MFA NO.100693/2014: BETWEEN: THE BRANCH MANAGER M/S. SRI. RAM GENERAL INSURANCE CO. LTD., JAIPUR, R/BY. ITS AUTHORIZED OFFICER, LEGAL CELL, E-8, EPIP, RIICO INDUSTRIAL AREA SITAPURA, JAIPUR-302022, RAJASTHAN STATE. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SHIVARAJ S/O. MURUDAPPA, AGE: MAJOR, OCC: EX HAMALI, R/O. HALKUNDI VILLAGE, TQ AND DIST: BELLARY. 2. SHRI MOHAMMED AZEEM K S/O. K.KHALANDAR BASHA, OCC: OWNER OF THE LORRY BEARING NO. KA-16/A 8125, AZAAD NAGAR, DIST: CHITRADURGA. …RESPONDENTS BY SRI. MANJUNATH G. PATIL, ADVOCATE FOR R1; R2-SERVICE HELD SUFFICIENT) - 3 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS THIS MFA IS FILED U/SEC.30(1) OF WC ACT, 1923, AGAINST THE ORDER DTD:27.08.2013 PASSED IN WCA/CR-326/2012 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMENS COMPENSATION, SUB-DIVISION-2, BELLARY, AWARDING THE COMPENSATION OF RS.1,74,376/- WITH INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION AND SHALL BE DEPOSITED WITHIN 30 DAYS FROM THE DATE OF THE ORDER. IN MFA NO.100694/2014: BETWEEN: THE BRANCH MANAGER M/S. SRI. RAM GENERAL INSURANCE CO. LTD., JAIPUR, R/BY. ITS AUTHORIZED OFFICER, LEGAL CELL, E-8, EPIP, RIICO INDUSTRIAL AREA SITAPURA, JAIPUR-302022, RAJASTHAN STATE. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SHRI M. BASAVARAJ S/O. BASANNA, AGE: MAJOR, OCC: EX HAMALI, R/O. HALKUNDI VILLAGE, TQ AND DIST: BELLARY. 2. SHRI MOHAMMED AZEEM K S/O. K.KHALANDAR BASHA, OCC: OWNER OF THE LORRY BEARING NO. KA-16/A 8125, AZAAD NAGAR, DIST: CHITRADURGA. …RESPONDENTS BY SRI. MANJUNATH G. PATIL, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/SEC.30(1) OF WC ACT, 1923, AGAINST THE ORDER DTD:27.08.2013 PASSED IN WCA/CR-325/2012 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMENS - 4 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS COMPENSATION, SUB-DIVISION-2, BELLARY, AWARDING THE COMPENSATION OF RS.1,74,021/- WITH INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION AND SHALL BE DEPOSITED WITHIN 30 DAYS FROM THE DATE OF THE ORDER. IN MFA NO.100695/2014: BETWEEN: THE BRANCH MANAGER M/S. SRI. RAM GENERAL INSURANCE CO. LTD., JAIPUR, R/BY. ITS AUTHORIZED OFFICER, LEGAL CELL, E-8, EPIP, RIICO INDUSTRIAL AREA SITAPURA, JAIPUR-302022, RAJASTHAN STATE. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SHRI RAVI S/O. LATE HONNUARAPPA AGE: MAJOR, OCC: EX CLEANER, R/O. C B NAGAR, NEAR RADIO PARK, BELLARY. 2. SHRI MOHAMMED AZEEM K S/O. K.KHALANDAR BASHA, OCC: OWNER OF THE LORRY BEARING NO. KA-16/A 8125, AZAAD NAGAR, DIST: CHITRADURGA. …RESPONDENTS BY SRI. MANJUNATH G. PATIL, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/SEC.30(1) OF WC ACT, 1923, AGAINST THE ORDER DTD:27.08.2013 PASSED IN WCA/CR-208/2011 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMENS COMPENSATION, SUB-DIVISION-2, BELLARY, AWARDING THE COMPENSATION OF RS.1,78,159/- WITH INTEREST AT THE RATE OF - 5 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS 12% P.A. FROM THE DATE OF PETITION AND SHALL BE DEPOSITED WITHIN 30 DAYS FROM THE DATE OF THE ORDER. IN MFA NO.100696/2014: BETWEEN: THE BRANCH MANAGER M/S. SRI. RAM GENERAL INSURANCE CO. LTD., JAIPUR, R/BY. ITS AUTHORIZED OFFICER, LEGAL CELL, E-8, EPIP, RIICO INDUSTRIAL AREA SITAPURA, JAIPUR-302022, RAJASTHAN STATE. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. NAGARAJ S/O. LATE HULIGAPPA, AGE: MAJOR, OCC: EX HAMALI, R/O. HALKUNDI VILLAGE, TQ AND DIST: BELLARY. 2. SHRI MOHAMMED AZEEM K S/O. K.KHALANDAR BASHA, OCC: OWNER OF THE LORRY BEARING NO. KA-16/A 8125, AZAAD NAGAR, DIST: CHITRADURGA. …RESPONDENTS BY SRI. MANJUNATH G. PATIL, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/SEC.30(1) OF WC ACT, 1923, AGAINST THE ORDER DTD:27.08.2013 PASSED IN WCA/CR-324/2012 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMENS COMPENSATION, SUB-DIVISION-2, BELLARY, AWARDING THE COMPENSATION OF RS.1,53,543/- WITH INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION AND SHALL BE DEPOSITED WITHIN 30 DAYS FROM THE DATE OF THE ORDER. - 6 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS THESE APPEALS, COMING ON FOR FINAL HEARING THIS DAY, JUDGMEMT WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) These Miscellaneous First Appeals are filed under Section 30(1) of the Workmen’s Compensation Act, 1923 (hereinafter referred to as ‘the Act’ for short) by the appellant-the Insurance Company, challenging the common judgment and award dated 27.08.2013 passed in WCA/CR- 207/2011, WCA/CR-326/2012, WCA/CR-325/2012, WCA/CR-208/2011 and WCA/CR-325/2012 by the Labour Officer and Commissioner for Workmen’s Compensation, Sub-Division-II, Ballary (hereinafter referred to as ‘the Commissioner’ for short). 2. Brief facts leading rise to the filing of these appeals, are as follows: 3. The petitioners were working as Hamalies in a lorry bearing Reg.No.KA-16/A-8125, which belongs to - 7 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS Mohammed Azeem – Respondent No. 1. The said lorry was insured with M/s Sri Ram General Insurance Company Limited-Respondent no. 2 and the policy was in force as of the date of the accident. It is contended that on 09.04.2011, as per the directions of Mohammed Azeem, i.e., the owner of the lorry, they were working as Hamalies along with the driver and cleaner and other persons who were working as Hamalies. The driver of the lorry was driving the same with slowly and cautiously. At that time, a tractor and a trailer bearing Reg.No.KA-16/T-9372 and MYU-5986, came from the opposite direction, driven by its driver, in a rash and negligent manner, and collided with the said lorry. As a result, the petitioners sustained grievous injuries. They were taken to the Primary Health Centre, Rampura, and later they were shifted to VIMS Hospital, Ballari. They incurred more than Rs.50,000/- towards medical expenses. It is contended that due to the accident, they were not in a position to sit, stand and squat properly. It is contended that Mohammed Azeem is the owner of the - 8 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS lorry and respondent No.2 is the insurer of the said lorry. Hence, the petitioners filed a claim petition under Section 22 of the Act. 4. Notices were issued to the owner and the Insurance company of the said lorry. Though the notice was duly served and the owner remained unrepresented and hence, placed ex-parte. 5. The Insurance Company filed a statement of objections, and admitted that the lorry was insured with the Insurance Company, and policy was valid as of the date of the accident. It is denied that the petitioners were working as Hamalies in the lorry bearing Reg.No.KA-16/A-8125. It is also denied that they have sustained grievous injuries in the road traffic accident. It is contended that the driver of the lorry did not possess a valid and effective driving license as of the date of the accident. Hence, prays to dismiss the claim petitions against the Insurance Company. - 9 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS 6. The Commissioner, based on the pleadings of the parties framed relevant common issues. 7. The petitioners themselves examined in P.W. series and they have also examined the doctor to prove the disability. To prove their case, the petitioners have marked 19 documents as Ex.P1 to Ex.P19. In rebuttal, the Insurance Company has not examined any witness and marked 1 document as Ex.R1. The Commissioner, after assessing the verbal and documentary evidence allowed the claim petitions in part and awarded compensation of Rs.1,90,610/- in ECA No.207/2011, Rs. 1,78,159 in ECA No.208/2011, Rs.1,53,543/- in ECA No.324/2012, Rs.1,74,021/- in ECA No.325/2012, and Rs.1,74,376/- in ECA No.326/2012 with interest at the rate of 12% and directed the Insurance Company to deposit the compensation amount awarded by the Commissioner. 8. The Insurance Company, aggrieved by the common judgment and awards passed by the Commissioner - 10 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS in the aforesaid claim petitions, filed these Miscellaneous First Appeals. 9. Heard the arguments of the learned counsel for the Insurance Company and the learned counsel for the petitioners. 10. Learned counsel for the Insurance Company submits that the compensation awarded by the Commissioner is exorbitant. It is submitted that the names of the petitioners were not shown in the charge sheet regarding injuries sustained by them. Hence, on these grounds, he prays to allow the appeals. 11. Per contra, learned counsel for the petitioners submits that the petitioners have produced the wound certificate, which discloses that, immediately after the accident they were taken to the PHC, Rampura and thereafter, they were shifted to the VIMS Hospital, Ballari. He submits that the compensation awarded by the Commissioner is just and proper and do not call for any - 11 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS interference by this court. Hence, on these grounds, he prays to dismiss the appeals. 12. This court vide order dated 13.02.2024 admitted the appeals to consider the following substantial question of law. “Whether the claimants are entitled to claim compensation in the absence of Investigating Officer showing the names of the claimants as injured persons in the charge sheet.” 13. There is not dispute that the petitioners were travelling in the lorry bearing Reg.No.KA-16/A-8125 as Hamalies under Mohammed Azeem-Respondent no.1. There is also no dispute regarding the occurrence of the accident on 09.04.2011. Immediately after the accident, petitioners were taken to the PHC, Rampura and produced wound certificates marked as Exs.P12, 13, 15, 16, 18 and 19, which discloses that the petitioners took treatment in PHC, - 12 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS Rampura and the history of injuries sustained in a road traffic accident while travelling in a lorry bearing KA-16/A- 8125, and hit by the Tractor and the trailer on 09.04.2011 at about 4.45 p.m. near Tammenahalli Poultry Farm. The petitioners went to the hospital at 5.00 p.m., i.e., within 15 minutes, they went to the hospital. They took first aid treatment and thereafter, they were shifted to the VIMS Hospital, Ballari. Further, Dr.Laxminarayana has issued the disability certificate, which discloses that the petitioners have suffered permanent disability and the Commissioner considering the evidence of the petitioners and the doctor has rightly held that the petitioners were travelling in the said lorry as Hamalies, and they have sustained grievous injuries in the road traffic accident. 14. As per Section 35 of the Indian Evidence Act, 1872, an entry in any public or other official book, register or stating a fact in issue or relevant fact, made by a public servant in the discharge of his official duty, or by any other - 13 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS person in performance of a duty specially enjoined by the law of the country in which such book, register, or is kept, it itself a relevant fact. 15. The petitioners produced the wound certificates, but there is no rebuttal evidence led by the Insurance Company. The Commissioner considering the wound certificates has rightly held that the petitioners were travelling in the lorry as Hamalies, and the accident occurred during the course and out of the employment, and considering the evidence of the doctor has rightly assessed the disability. Merely, the names of the petitioners were not shown as injured in the charge sheet is not a ground to reject the claim petition filed by the petitioners. The compensation awarded by the Commissioner is just and proper, and do not call for any interference by this court. In view of the above discussion, I answer the substantial question of law in the affirmative. Accordingly, I proceed to pass the following: - 14 - HC-KAR NC: 2025:KHC-D:11085 MFA No. 100692 of 2014 C/W MFA No. 100693 of 2014 MFA No. 100694 of 2014 AND 2 OTHERS ORDER i) The Miscellaneous First Appeals are dismissed. ii) The judgment and awards dated 27.08.2013 passed in WCA/CR-207/2011, WCA/CR- 326/2012, WCA/CR-325/2012, WCA/CR- 208/2011 and WCA/CR-324/2012 by the Labour Officer and Commissioner for Workmen’s Compensation, Sub-Division-II, Ballary are hereby confirmed. iii) The amount in deposit, if any, and the records shall be transmitted to the concerned court. Sd/- (ASHOK S. KINAGI) JUDGE MBS Ct:pa List No.: 1 Sl No.: 6