- 1 - HC-KAR NC: 2025:KHC:36439 MFA No. 5631 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5631 OF 2018 (WC) BETWEEN: THE ORIENTAL INSURANCE CO. LTD., II FLOOR, KALABHYRAVESWARA COMPLEX, DEVANGA STREET, B.H. ROAD NELAMANGALA, BANGALORE - 562 123, NOW REPRESENTED BY ITS REGIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD., MISC DEPARTMENT, REGIONAL OFFICE LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE - 560 025. …APPELLANT (BY SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE) AND: 1. SRI. RAMAPPA S/O MARAPPA AGED ABOUT 63 YEARS (SINCE R1 IS DEAD R2, R3 ALREADY ON RECORD) 2. SRI. DEVANNA @ SWAMY S/O RAMAPPA AGED ABOUT 43 YEARS 3. SHAKUNTHALA * D/O RAMAPPA * Corrected as per vide Court order dtd:08.01.2026. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36439 MFA No. 5631 of 2018 AGED ABOUT 33 YEARS ALL ARE RESIDING AT MARBALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK 4. SRI LAKSHMINARASIMHA ELECTRICALS, SRIRAMA NILAYA 4TH MAIN ROAD, 2ND CROSS, SADASHIVANAGAR, TUMKUR - 572 101, REPRESENTED BY SRI. G NARASIMHAMURTHY. …RESPONDENTS (BY SRI. S.A. SABOOR, ADVOCATE FOR R2 AND R3; R4 - SERVED; VIDE ORDER DATED 08.09.2025, R1 DEAD R2 AND R3 TREATED AS LR'S OF R1) THIS MFA IS FILED UNDER SECTION 30(1) EMPLOYEE STATE INSURANCE ACT, 1923 AGAINST JUDGMENT AND AWARD DATED 23.04.2018 PASSED IN ECA.NO.11/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT & COMMISSIONER FOR EMPLOYEES COMPENSATION, MYSURU, AWARDING COMPENSATION OF RS.8,28,800/- WITH INTEREST AT 12% P.A. FROM THE DATE OF ACCIDENT TILL REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2025:KHC:36439 MFA No. 5631 of 2018 ORAL JUDGMENT This appeal is filed by the Insurance Company against the judgment and award dated 23.04.2018 passed in E.C.A. No.11/2015 by the I Addl. Sr. Civil Judge & MACT & Commissioner for Employees Compensation, Mysuru (for short 'the Authority'). 2. The brief facts of the case are that :- On 29.09.2013 the deceased Manju @ Manjunath was working under 1st respondent contractor and during the course of his employment, while lifting the Electric Pole at Kumbara Koppalu Village, Pandavapura Taluk, the pole fell on him and he died. The Parents and wife of the deceased filed this appeal claiming compensation of Rs.25,00,000/- with interest at the rate of 12% per annum. The concerned Authority considering the entire evidence on record granted compensation of Rs.8,28,800/- along with interest at the rate of 12% p.a. 3. Aggrieved by the said judgment, this appeal is preferred, in which, it is mainly contended that Manjunath was working under Narasimhamurthy/4th respondent, who is an - 4 - HC-KAR NC: 2025:KHC:36439 MFA No. 5631 of 2018 Electrical Contractor. While lifting Electric Pole, it fell on him and he died on the spot. He was paying the salary of Rs.500/- per day. Learned counsel for the appellant contended that wages as per the policy is to be taken as Rs.5,000/- per month but the concerned Authority erred in taking wages as Rs.8,000/- per month and it is to be rectified. He also stated that the policy is not under Motor Vehicle Policy and the policy is Employees Liability Policy, as such, the income is to be calculated as Rs.5,000/- per month. So also, there is no coverage for payment of interest by the Insurance Company and it is to be paid by the owner of the vehicle. Therefore, requested this Court to modify the order. 4. Heard the arguments of learned counsel on both sides. 5. Considering the fact that it is an Employees Liability Policy, this Court finds it reasonable to quantify the income of the deceased as Rs.5,000/- per month. He was aged 31 years and as it is the case of death, 50% of income is to be deducted, which comes to Rs.2,500/- per month and the relevant factor applicable is 205.95. So the compensation comes to Rs.2,500/- - 5 - HC-KAR NC: 2025:KHC:36439 MFA No. 5631 of 2018 x 205.95 = Rs.5,14,875/- and apart from that, an amount of Rs.5,000/- is granted towards funeral expenses. So, the total compensation comes to Rs.5,19,875/-. It is stated that as per Section 4(3) of the Employees' Compensation Act, 1923, the employer has to deposit compensation amount within one month from the date of the order. If he fails to do so, he shall pay Simple Interest at the rate of 12% per annum from the date of accident and therefore, this Court finds it just and reasonable to direct the employer i.e., 4th respondent to deposit interest on Rs.5,19,875/- at the rate of 12% from the date of accident till the date of realization. As it is a Liability Policy, the compensation is to be assessed as Rs.5,19,875/-. Infact, Insurance Company has to pay this amount within one month from the date of this order. On such deposit, petitioners are permitted to withdraw the amount as apportioned by the competent Authority. Excess amount paid by the Insurance Company shall be refunded to the Insurance Company. 6. This Court vide order dated 08.09.2025 stated that 1st petitioner father of the deceased also died, but his *son and daughter are already on record and they are treated as legal representatives. So he is not entitled for compensation and his * Corrected as per vide Court order dtd:08.01.2026. - 6 - HC-KAR NC: 2025:KHC:36439 MFA No. 5631 of 2018 share of compensation is to be given to the 2nd petitioner, who is the *son of the 1st petitioner. It is stated that the 3rd petitioner was aged 30 years as **her father was alive at the time of accident **she cannot be treated as dependent of the deceased and **she is not entitled for compensation and 2nd petitioner is permitted to withdraw the entire compensation along with interest accrued on it. Hence, I pass the following: ORDER 1. The appeal is allowed. 2. The judgment and award dated 23.04.2018 passed in E.C.A. No.11/2015 by the I Addl. Sr. Civil Judge & MACT & Commissioner for Employees Compensation, Mysuru is modified to the above extent. *3. The excess amount if any, deposited by the Insurance Company shall be refunded. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 1 Sl No.: 7 CT: BHK * Corrected and instered as per vide Court order dtd:08.01.2026. ** Corrected vide chamber order dtd:22.04.2026.