- 1 - NC: 2025:KHC-D:1174 MFA No. 25545 of 2012 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 25545 OF 2012 (WC) BETWEEN: ERANNA S/O. VIRUPANNA, AGED: ABOUT 32 YEARS, OCC: EX DRIVER OF TRACTOR, R/O: KALGUDI VILLAGE, TALUK: GANGAVATHI, DIST: KOPPAL. …APPELLANT (BY SRI B.SHARANABASAWA, ADVOCATE.) AND: 1. BASAWARAJ S/O. VIRUPANNA, AGE: MAJOR, OCC: AGRICULTURE AND OWNER OF TRACTOR BEARING NO.KA-37/T-8876 AND 8877, R/O: JANGAMARA KALGUDI, TALUK: GANGAVATHI, DIST: KOPPAL. 2. THE DIVISIONAL MANAGER, UNITED INDIAN INSURANCE CO. LTD., NEAR RADHIKA THEATER, TQ: & DIST: BALLARI. …RESPONDENTS (BY SRI S.C. JAINAR, ADVOCATE FOR R2; R1-NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF WORKAMEN’S COMPENSATION ACT, 1923, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 23.11.2011 PASSED IN W.C.NO.94/2007 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN’S Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1174 MFA No. 25545 of 2012 COMPENSATION, KOPPAL DISTRICT KOPPAL, BY ENHANCING THE COMPENSATION AS CLAIMED IN THE PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and order/award dated 23.11.2011, passed by the Commissioner for Workmen’s Compensation and Labour Officer, Koppal, in W.C.No.94/2007 seeking for enhancement of compensation. 2. Heard the arguments for learned counsels appearing for both the sides and perused the material placed on record. 3. The claimant having sustained employment injuries, out of and in the course of employment, has approached the learned Commissioner for seeking compensation and the Commissioner by holding monthly wage as Rs.4,000/- and taking permanent physical disability at 25% and according to the age of the claimant as 29 years, - 3 - NC: 2025:KHC-D:1174 MFA No. 25545 of 2012 considering the relevant factor of 209.92 has awarded compensation of Rs.1,25,952/- along with interest at the rate of 12% p.a. from after 30 days from the date of accident till the date of deposit. 4. The accident is occurred on 02.05.2009. Therefore, learned Commissioner has correctly taken monthly wages of Rs.4,000/-. Considering the injuries sustained, the tribunal has taken 25% as permanent physical disability. The claimant was aged 29 years old at the time of accident. Therefore, relevant factor held is also correct. Therefore, determination of compensation by the commissioner is found correct, just and reasonable. Therefore, there is no need to make interference in the order passed by the Commissioner. Therefore, the appeal is liable to be dismissed. Accordingly, the appeal is dismissed. No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT-CMU LIST NO.: 2 SL NO.: 20