- 1 - NC: 2025:KHC-D:705 MFA No. 101750 of 2021 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101750 OF 2021 (ECA) BETWEEN: 1. SMT. NETRA W/O. FAKEERAPPA, AGE. 39 YEARS, OCC. HOUSEWORK, 2. KUMARI DEEPA D/O. FAKEERAPPA, AGE. 21 YEARS, OCC. STUDENT, 3. KUMARI DIVYA D/O. FAKEERAPPA, AGE. 15 YEARS, OCC. STUDENT, 4. SMT. SOMAVVA W/O. LATE RADDEPPA, AGE. 69 YEARS, OCC. NIL, APPELLANTNO.3 IS MINOR, HENCE REPRESENTED BY HER NATURAL GUARDIAN MOTHER I.E. APPELLANT NO.1 ALL ARE RESIDENT OF VIRUPAPUR TANDA, TQ. GANGAVATHI, DIST. KOPPAL. …APPELLANTS (BY SRI A.M.MALIPATIL, ADVOCATE.) AND: 1. VEERESH S/O. BHEEMAPPA, AGE. 44 YEARS, OCC. OWNER OF TRACTOR AND TRAILER, R/O. VADDAR STREET, VIRUPAPUR, TQ. GANGAVATHI, DIST. KOPPAL-583227. 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., 3/5, 3RD FLOOR, S.V. ARCADE, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:705 MFA No. 101750 of 2021 BELLIKALLI, MAIN ROAD OFFICE, B.G. ROAD, IIM POST, BENGALURU-560076. 3. KUMAR YOUVARAJ NAYAK S/O. FAKEERAPPA, AGE. 21 YEARS, OCC. STUDENT, R/O. VIRUPAPUR TANDA, TQ. GANGAVATHI, DIST. KOPPAL. …RESPONDENTS (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED; R3-SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 20.08.2019, PASSED IN W.C.NO.1/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND COMMISSIONER FOR WORKSMEN’S COMPENSATION, AT GANGAVATHI AND ALLOW THIS MISCELLANEOUS FIRST APPEAL BY ENHANCING COMPENSATION OF AWARD AMOUNT AS PRAYED WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimants questioning the judgment and award dated 20.08.2019, passed by the Senior Civil Judge and Commissioner for Workmen’s Compensation, Gangavathi, in W.C.No.1/2017, seeking enhancement of compensation. 2. Heard the learned counsel for the parties and perused the material placed on record. - 3 - NC: 2025:KHC-D:705 MFA No. 101750 of 2021 3. The deceased Fakeerappa was working as a driver in the tractor and trailer No.KA-36/TA-9804, belonging to respondent No.1 under the employment of respondent No.1 and died in the accident occurred on 19.03.2016 out of and in the course of employment. Therefore, filed claim petition under the provisions of Employees Compensation Act, 1923. The tribunal has awarded compensation of Rs.7,58,240/- by fastening liability on respondent No.1 owner of the vehicle, on the reason that the deceased was not holding driving licence to drive the tractor and trailer, thus exonerated the 2nd respondent Insurance Company. 4. Upon considering the quantum of compensation awarded, the tribunal has held correct parameters and therefore, the quantum of compensation arrived at by the commissioner is found to be correct. 5. Further, the tribunal has exonerated the 2nd respondent Insurance Company on the reason that the deceased was not holding the driving licence to drive the tractor and trailer. Learned counsel for the appellant submitted that pay and recovery can be made. The order of - 4 - NC: 2025:KHC-D:705 MFA No. 101750 of 2021 pay and recovery could be made in case of injury or death occurred to third parties as per sub-sections (1), (4), (5) and (7) of section 149 of the Motor Vehicles Act. Sub-section (1) of section 149 of the Act stipulates that when breach of conditions of policy are proved, as per sub section (2) of section 149 of the Act, then also the insurer as if judgment debtor shall pay compensation to the claimants in case of third parties at the first instance and then recover the same from the owner of the vehicle by the method following sub- section (4), (5) and (7) of section 149 of the M.V.Act. But in the present case the deceased being a driver of tractor and trailer, cannot be termed as a third party. Therefore, the order of pay and recovery could not be made. Therefore, the commissioner is correct in holding respondent No.1 alone shall pay compensation. 6. Further, the commissioner has awarded interest on the compensation amount at the rate of 6% p.a. But as per section 4 of the Employees Compensation Act, interest is awarded at the rate of 12% p.a. from the date of accident till realization. Therefore, to this extent only the appeal filed by - 5 - NC: 2025:KHC-D:705 MFA No. 101750 of 2021 the claimant is liable to be allowed in part. The other observations and findings of the Commissioner are left unaltered. Hence, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 20.08.2019, passed by the Senior Civil Judge and Commissioner for Workmen’s Compensation, Gangavathi, in W.C.No.1/2017 stands modified, holding that the claimant is entitled for interest on the compensation awarded by the commissioner at the rate of 12% p.a. from the date of accident till realiazation. The other observations and findings of the Commissioner are not altered. iii) No order as to costs. iv) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD List No.: 2 Sl No.: 31