- 1 - HC-KAR NC: 2025:KHC-K:5746-DB MFA No. 203443 of 2023 C/W MFA No. 200343 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO.203443 OF 2023 (ECA) C/W MISCL. FIRST APPEAL NO.200343 OF 2024 (ECA) IN MFA NO.203443/2023: BETWEEN: THE UNITED INDIA INSURANCE COMPANY LTD., THROUGH ITS DIVISIONAL MANAGER, 2ND FLOOR, CENTURY COMPLEX, SANGAM TALKIES, SUPER MARKET, KALABURAGI-585 101. …APPELLANT (BY SRI. MOHD. ABDUL QUAYUM, ADVOCATE) AND: 1. BASAVARAJ S/O PARUTAPPAGOUD, AGE: 38 YEARS, OCC: DRIVER, R/O. AMBERKHED VILLAGE, TQ. JEWARGI, DIST. KALABURAGI, NOW RESIDING AT CHITTAPUR, TQ. CHITTAPUR, DIST. KALABURAGI-585 211. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5746-DB MFA No. 203443 of 2023 C/W MFA No. 200343 of 2024 2. MALLIKARJUN S/O CHANDRASHEKAR BUKKISTAGAR, AGE: MAJOR, OCC: OWNER OF TIPPER LORRY BEARING NO.KA-33-B-2991, R/O. H.NO.4-29, BEHIND GIRLS COLLEGE, KUMBAR AREA, SHAHAPUR, DIST. YADGIR-585 223. …RESPONDENTS (BY SMT. TABBASUM SULTANA, ADV. FOR R1; R2-SERVED) THIS MFA IS FILED U/S. 30 (1) OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO A) CALL FOR RECORDS IN E.C.A. NO.7/2021 BY SENIOR CIVIL JUDGE AND ECC AT CHITTAPUR. B) SET ASIDE THE JUDGMENT AN AWARD DATED 02-05-2023 PASSED IN E.C.A. NO.7/2021 BY SENIOR CIVIL JUDGE AND ECC AT CHITTAPUR EXONERATING THE APPELLANT OF ITS LIABILITY. IN MFA NO.200343/2024: BETWEEN: BASAVARAJ S/O PARUTAPPAGOUD, AGE: 38 YEARS, OCC: DRIVER, R/O. AMBERKHED VILLAGE, TQ. JEWARGI, DIST. KALABURAGI, NOW RESIDING AT CHITTAPUR, TQ. CHITTAPUR, DIST. KALABURAGI. …APPELLANT (BY SMT. TABBASUM SULTANA, ADVOCATE) AND: 1. MALLIKARJUN S/O CHANDRASHEKAR BUKKISTAGAR, AGE: MAJOR, OCC: OWNER OF TIPPER LORRY BEARING NO.KA-33-B-2991, R/O. H.NO.4-29, BEHIND GIRLS COLLEGE, KUMBAR AREA, SHAHAPUR, DIST. YADGIR-585 224. - 3 - HC-KAR NC: 2025:KHC-K:5746-DB MFA No. 203443 of 2023 C/W MFA No. 200343 of 2024 2. THE UNITED INDIA INSURANCE COMPANY LTD., THROUGH ITS DIVISIONAL MANAGER, 2ND FLOOR, CENTURY COMPLEX, SANGAM TALKIES, SUPER MARKET, KALABURAGI-585 104. …RESPONDENTS (BY SRI. MOHD. ABDUL QUAYUM, ADV. FOR R2; R1-SERVED) THIS MFA IS FILED U/S. 30 (1) OF THE EMPLOYEES COMPENSATION ACT, PRAYING TO ALLOW THE APPEAL AND ENHANCE THE COMPENSATION AS PRAYED FOR ALONG WITH INTEREST BY MODIFYING THE JUDGMENT AND AWARD DATED 02.05.2023 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND ECC AT CHITTAPUR IN ECA No.7/2021. THESE APPEALS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) These two appeals arising out of judgment and award dated 02.05.2023 in E.C.A.No.7/2021 on the file of Senior Civil Judge and ECC at Chittapur by appellant – Insurance Company as well as claimant/appellant on the ground of liability as well as quantum. - 4 - HC-KAR NC: 2025:KHC-K:5746-DB MFA No. 203443 of 2023 C/W MFA No. 200343 of 2024 2. The date of accident, involvement of vehicle, injuries suffered by the claimant are not in dispute. The only dispute is with regard to liability and quantum, so far as the appellant-Insurance Company is concerned and on inadequate compensation, which requires enhancement as per the appellant/claimant. 3. Heard Sri.Mohammed Abdul Quayum, learned counsel for appellant-Insurance Company in MFA No.203443/2023 and Miss.Tabbasum Sultana, learned counsel for appellants/claimants in MFA No.200343/2024. 4. Sri.Mohammed Abdul Quayum, learned counsel for the appellant–Insurance Company in MFA No.203443/2023 with all vehemence submitted that the Tribunal has committed a serious error in taking the income at Rs.15,000/- p.m., and considering the loss of earning capacity at 100% of the insured, wherein, as per the schedule the same is at 80% for amputation of leg stump not exceeding 12.70 c.m. in length. In these circumstances, the same requires to be reconsidered and - 5 - HC-KAR NC: 2025:KHC-K:5746-DB MFA No. 203443 of 2023 C/W MFA No. 200343 of 2024 appeal required to be allowed. That apart, there is no jural relationship between the appellant and employer and no witnesses have been examined. In the fact and circumstances the appeal either be allowed or the compensation awarded by the Tribunal requires reduction, considering the disability at 60% and accordingly, sought to allow the appeal. 5. Refuting the submissions of the learned counsel appearing for the appellant-Insurance Company, Miss.Tabbasum Sultana, learned counsel for the appellant in MFA No.200343/2024 with all the vehemence submitted that the accident had occurred post/amendment to the Employee Compensation Act, wherein, there is no cap limit. Admittedly, the appellant was working as a driver. The notarized copy of the driving license has been produced to show that he was working as a driver. The injury has resulted in amputation of his leg above knee and below thigh level with stump not exceeding 12.70 c.m. in length, since he was a driver, the loss of 100% - 6 - HC-KAR NC: 2025:KHC-K:5746-DB MFA No. 203443 of 2023 C/W MFA No. 200343 of 2024 earning capacity has been awarded by the Tribunal, however, the Tribunal has taken the income only at Rs.15,000/- p.m. Accordingly, sought to allow the appeal and enhance the compensation. 6. In view of admission of jural relationship by the employer, the argument of insurer on jural relationship cannot countenanced. This Court is called upon to answer the substantial question of law that raised by both the parties on quantum bearing income by the Tribunal; “Whether the Tribunal is justified in taking the income only at Rs.15,000/- per month, wherein, the accident has occurred post/amendment and in the year, 2021 ?”. 7. Having heard the learned counsel for the parties, perused the both entire appeal papers. 8. Before adverting to the substantial question of law, on the contentions of claimant, it is very fruitful to refer to the Judgment of Co-ordinate Bench of this Court in MFA No.8577/2017 with other connected matters dated - 7 - HC-KAR NC: 2025:KHC-K:5746-DB MFA No. 203443 of 2023 C/W MFA No. 200343 of 2024 16.07.2021 in the case of Mangalore Electricity Supply Company Ltd. Vs. Bellamma. The Co-ordinate Bench of this Court on the Notification issued by the Central Government fixing the income cap limit Rs.8,000/- annulled the contentions on the income taken by the Tribunal at Rs.10,000/- being actual income contended by the claimant. This Court while considering the income has held that the income as on the date of accident be considered and not the actual wages claimed by the claimant. This Court having considered the Notifications, has given a clear finding that the amount as on the date of accident, prevaling be considered instead of the amount considered by the Tribunal higher than the one permissible under the Act. The Tribunal having arrived to such conclusion allowed the appeal filed by the employer reducing the compensation considering the income as per the Notification. 9. As per the Notification subsequent to the amendment, the Central Government substituted the - 8 - HC-KAR NC: 2025:KHC-K:5746-DB MFA No. 203443 of 2023 C/W MFA No. 200343 of 2024 income to Rs.15,000/- in the place of Rs.8,000/-. The accident has occurred in the year 2021. Though in the absence of any proof of income, the maximum provided under the Notification has been considered by the Tribunal considering the fact that the claimant was a driver. In these circumstances, the contentions of the learned counsel appearing for the claimant cannot be countenanced to consider the income more than the one fixed under the Notification. 10. The Tribunal having considered the disability suffered come to a proper conclusion that there is 100% loss of earning capacity and considered the maximum amount fixed under the Notification i.e., Rs.15,000/- and awarded appropriate compensation. In these circumstances, no substantial question of law is made out to which call for any interference in the judgment and award passed by the Tribunal. In these circumstances, both the appeals sans merits and the substantial question of law proposed is answered against both the insurer as - 9 - HC-KAR NC: 2025:KHC-K:5746-DB MFA No. 203443 of 2023 C/W MFA No. 200343 of 2024 well as the claimant, holding that no substantial question of law made out. 11. The order passed by the Tribunal on the disbursement and apportionment is unaltered. Accordingly, both the appeals are dismissed. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE AMM List No.: 1 Sl No.: 9 CT: AK