- 1 - HC-KAR NC: 2025:KHC:30031 MFA No. 7245 of 2013 C/W MFA.CROB No. 87 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 7245 OF 2013 (WC) C/W MFA CROSS OBJECTION NO. 87 OF 2020 (ECA) IN MFA No. 7245/2013 BETWEEN: THE BRANCH MANAGER, BAJAJ ALLIIANZ GENERAL INSURANCE COMPANY LIMITED, B M ROAD, NEAR KRISHNA HOTEL, HASSAN TOWN, HASSAN DISTRICT, BY THE BRANCH MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, NO.363, SRIHARI COMPLEX, SEETHAVILAS ROAD, MYSORE-024. BY BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, T B R TOWERS, NEW MISSION ROAD, BANGALORE-560 002. …APPELLANT (BY SRI O MAHESH, ADVOCATE) AND: 1. SRI MANJUNATHA @ MAJNU @ SUBBEGOWDA, MAJOR, S/O KRISHNEGOWDA, R/O GANESHA EXTENSION, CHANNARAYAPATNA TOWN AND TALUK, HASSAN DISTRICT-573 201. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30031 MFA No. 7245 of 2013 C/W MFA.CROB No. 87 of 2020 2. SRI S K SADASHIVAREDDY, MAJOR, MANAGING DIRECTOR, CREEM LANE DAIRY PRODUCT LTD., NO.1030, 1ST PHASE, 5TH BLOCK, 14TH MAIN ROAD, 16TH C CROSS, H.B.R LAYOUT, BANGALORE-560 043. 3. THE PLANT MANAGER, CREEM LINE DAIRY PRODUCT LTD., KANAKAPURA ROAD, GOWDAGERE VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-571 401. 4. SRI M Y HARISH, MAJOR, S/O YOGANARASIMHA GOWDA, II CROSS, NO.4055, SHANKARNAGAR, MANDYA TOWN, MANDYA TALUK AND DISTRICT-571 401. …RESPONDENTS (BY SRI SHRIPAD V SHASTRI, ADVOCATE FOR R-1; SRI L SREEKANTA RAO, ADVOCATE FOR R-3; R-2 & R-4 SERVED) THIS MFA IS FILED U/S 30(1) OF W.C. ACT AGAINST THE JUDGMENT DATED 18.06.2013 PASSED IN KPK/NF/SR- 54/2009 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, HASSAN SUB DIVISION, HASSAN, AWARDING COMPENSATION OF Rs.2,58,749/- WITH INTEREST @ 12% FROM AFTER 30 DAYS OF ACCIDENT TILL DEPOSIT IN COURT. IN MFA.CROB NO. 87/2020 BETWEEN: MANJUNATHA @ MANJU @ SUBBEGOWDA, - 3 - HC-KAR NC: 2025:KHC:30031 MFA No. 7245 of 2013 C/W MFA.CROB No. 87 of 2020 S/O KRISHNEGOWDA, AGED ABOUT 38 YEARS, R/AT GANESHA EXTN., CHANNARAYAPATNA TOWN AND TALUK, HASSAN DISTRICT, PIN-573 201. ...CROSS OBJECTOR (BY SRI SHRIPAD V SHASTRI, ADVOCATE) AND: 1. THE BRANCH MANAGER, BAJAJ ALLIANZ GENERAL INSU., CO., LTD., B M ROAD, NEAR KRISHNA HOTEL, HASSAN TOWN, HASSAN DISTRICT. BY THE BRANCH MANAGER, BAJAJ ALLIANZ GENERAL INS. CO., LTD., NO.363, SRIHARI COMPLEX, SEETHAVILAS ROAD, MYSORE-24. BY BAJAJ ALLIANZ GENERAL INS., CO., LTD., REGIONAL OFFICE, TBR TOWERS, NEW MISSION ROAD, BANGALORE-560 002. 2. S.K.SADASHIVA REDDY, MAJOR, MANAGING DIRECTOR, CREEM LANE DAIRY PRODUCT LTD., NO.1030, 1ST PHASE, 5TH BLOCK, 14TH MAIN ROAD, 16TH 'C' CROSS, HBR LAYOUT, BANGALORE-560 043. 3. THE PLANT MANAGER, CREEM LINE DAIRY PRODUCT LTD., KANAKAPURA ROAD, GOWDAGERE VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-571 401. ...RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:30031 MFA No. 7245 of 2013 C/W MFA.CROB No. 87 of 2020 THIS MFA.CROB IS FILED UNDER ORDER XLI RULE 22 OF THE CPC READ WITH SECTION 30(1) OF EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 18.06.2013 PASSED IN ECA NO.54/2009 ON THE FILE OF THE COMMISSINOER FOR WORKMEN COMPENSATION, HASSAN SUB DIVISION, HASSAN, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THE APPEAL AND CROSS OBJECTION, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT Heard Sri.O.Mahesh, learned counsel for the appellant-Insurance Company and Sri.Shripad V. Shastri, learned counsel appearing for the claimant/respondent No.1 and Sri.L.Sreekanta Rao, learned counsel appearing for respondent No.3. 2. Being aggrieved by the judgment and award dated 18.06.2013 passed by the learned Labour Officer cum Commissioner for Workmen Compensation, Hassan Sub-Division, Hassan in ECA.No.54/2009, the Insurance - 5 - HC-KAR NC: 2025:KHC:30031 MFA No. 7245 of 2013 C/W MFA.CROB No. 87 of 2020 Company has filed MFA.No.7245/2013 and the claimant has filed MFA.Crob.No.87/2020. 3. The parties would be referred to as per their ranks before the trial Court for the sake of convenience. 4. Learned counsel for the appellant-Insurance Company has raised the point of jurisdiction of the learned Commissioner, Hassan who passed the impugned award. 5. It is submitted that the claimant who was the workman under respondent Nos.1 and 2 i.e., Creem Line Dairy Product Limited was traveling in a vehicle owned by respondent No.3. The said vehicle was hired by respondent Nos.1 and 2. While returning after the supply of the milk products, it met with an accident where the claimant-workman had sustained injuries. He lodged a claim petition before the Labour Commissioner and the Labour Commissioner after the enquiry, directed the Insurance Company to pay a sum of Rs.2,58,749/- along with interest, by his award dated 18.06.2013. - 6 - HC-KAR NC: 2025:KHC:30031 MFA No. 7245 of 2013 C/W MFA.CROB No. 87 of 2020 6. It is the contention of the learned counsel appearing for the appellant-Insurance Company Sri.O.Mahesh that the Labour Commissioner had no jurisdiction to dispose of the said claim petition since provisions of Section 20 of the Workmen's Compensation Act, 1923 had been amended with effect from 18.01.2010 and the Labour Commissioner had lost the jurisdiction. It is his contention that by way of the amendment, the jurisdiction vested with the Senior Civil Judge in pursuance to the notification issued by the Government designating the Judicial Officer as the Commissioner under the said Act. 7. It is an admitted fact that the claim petition was disposed of by the Labour Commissioner, Hassan on 18.06.2013 which is about 3 years later to the amendment to Section 20 of the said Act. 8. Learned counsel appearing for the claimant Sri.Shripad V. Shastri fairly concedes that the award has - 7 - HC-KAR NC: 2025:KHC:30031 MFA No. 7245 of 2013 C/W MFA.CROB No. 87 of 2020 been passed by the Labour Commissioner subsequent to coming into force of the said amendment Act. Therefore, when the claim petition was disposed of on 18.06.2013, the Labour Commissioner had no jurisdiction. Obviously, the provisions of Section 20(1) of the said Act as it stood subsequent to the amendment reads as below: "(1) The appropriate Government may, by notification in the Official Gazette, appoint 1[any Commissioner for Workmen's Compensation or any officer of the Central Government exercising functions as a Labour Commissioner for any region, or any officer of the State Government not below the rank of Labour Commissioner or any] other officer with experience as a Judge of a Civil Court or as a stipendiary Magistrate to be the Authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages 2[or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13 or of wages at the overtime rate under section 14,] to employees employed or paid in that area." 9. In view of the above facts and circumstances, the Labour Commissioner, Hassan has no jurisdiction to pass the impugned award. As a result, the matter has to - 8 - HC-KAR NC: 2025:KHC:30031 MFA No. 7245 of 2013 C/W MFA.CROB No. 87 of 2020 be remanded to the jurisdictional Labour Commissioner/Prl. Senior Civil Judge, Hassan under Workmen's Compensation Act for disposal in accordance with law. Hence, the following: ORDER i) The appeal is allowed. ii) The impugned order is set aside. iii) The matter is remanded to the Senior Civil Judge, Hassan, who is now designated as the Commissioner under the provisions of Section 20 of the Workmen's Compensation Act, 1923. iv) As a consequence, MFA.Crob. No.87/2020 stands disposed of. v) All contentions are kept open to be urged before the learned Commissioner. - 9 - HC-KAR NC: 2025:KHC:30031 MFA No. 7245 of 2013 C/W MFA.CROB No. 87 of 2020 vi) The amount in deposit to be transferred to the Commissioner/Senior Civil Judge, Hassan. Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 26