- - HC-KAR NC: 2025:KHC:38501 MFA No. 8652 of 2019 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.8652 OF 2019(ECA) BETWEEN: M/S ROYAL SUNDARAM ALLIANCE GENERAL INSURANCE CO. LTD. SUNDARAM TOWERS NO.46, WHITES ROAD ROYAPETTAH CHENNAI - 600 014 REPRESENTED BY ITS MANANGER-LEGAL …APPELLANT (BY SRI. RAVI S SAMPRATHI, ADVOCATE) AND: 1. SRI SACHIDANANDA SHETTY S/O M.VITTALA SHETTY AGED ABOUT 35 YEARS RESIDING AT MOODUBETTU IDU VILLAGE, KARKALA TALUK 2. JEEVANDAS ADYANTHAYA S/O N.S. ADYANTHAYA MAJOR IN AGE RESIDING AT VISHAL MOTORS PULKERI JUNDTION KARKALA TALUK. …RESPONDENTS (R1 & R2 - SERVED) THIS MFA IS FILED UNDER SECTION 30(1) OF EMPLOYEES COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 13.06.2019, PASSED IN ECA. NO. 4/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - - HC-KAR NC: 2025:KHC:38501 MFA No. 8652 of 2019 2 COMMISSIONER FOR EMPLOYEES COMPENSATION, KARKALA, AWARDING COMPENSATION OF RS.8,97,190/- WITH INTEREST AT THE RATE OF 12% P.A., FROM 20.07.2011 TILL REALIZATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT 1. Learned counsel for appellant is present. Inspite of service of notice respondent Nos. 1 and 2 did not turn up and they are placed ex-parte. 2. The injured workman filed a claim petition claiming compensation of Rs.28,25,000/-. The Tribunal considering the entire evidence on record granted compensation of Rs.8,97,190/- with interest at the rate of 12% p.a. from the date of accident till realization. Aggrieved by the said order, this appeal is preferred by the insurance company. 3. Learned counsel for appellant mainly contended that the Court below assessed the disability at 25%. Instead of granting 25% of Rs.8,46,972/-, the Tribunal directed the insurance - company to deposit the entire amount erroneously. - - HC-KAR NC: 2025:KHC:38501 MFA No. 8652 of 2019 3 He further submitted that evidence of P.W.2 is not considered properly and requested for modification of the order. 4. A perusal of the record shows that the petitioner examined P.W.2 and he assessed 25% permanent physical disability to the right lower limb of the petitioner. While calculating the compensation said 25% is not deducted and compensation of Rs.8,97,190/- with interest at the rate of 12% is granted. The Tribunal further observed that the petitioner was aged 40 years and the relevant multiplier applicable would be 201.66 and granted compensation of Rs.8,46,972. This is erroneous. In fact, it is to be calculated as : 4200 X 201.66 X 25% = 211743 5. Compensation of Rs.50,218/- granted by the Tribunal is not disputed by the learned counsel for appellant. 6. Accordingly, appeal is allowed in part. Respondent No. 1 herein is entitled for total compensation of Rs.2,61,961/- (211743 + 50218) with interest at the rate of 12% p.a. from the date of accident till realization. Respondent No. 1 is permitted to withdraw the amount along with the interest accrued on it. - - HC-KAR NC: 2025:KHC:38501 MFA No. 8652 of 2019 4 7. Learned counsel for appellant submitted that the insurance company has already deposited the entire compensation awarded by the Tribunal. If that is so, the trial Court is directed to refund the excess amount to the insurance company. Sd/- (P SREE SUDHA) JUDGE LRS List No.: 1 Sl No.: 80