- 1 - NC: 2025:KHC-K:1867 MFA No. 201030 of 2022 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. JOSHI MISCL. FIRST APPEAL NO. 201030/2022(ECA) BETWEEN: 1. JAISHREE W/O LATE YALLAPPA BABALKAR, AGE: 32 YEARS, OCC: HOUSEHOLD, 2. SUJATA D/O LATE YALLAPPA BABALKAR, AGE: 13 YEARS, OCC: STUDENT MINOR, 3. SANGEETA D/O LATE YALLAPPA BABALKAR, AGE: 10 YEARS MINOR, 4. SAPNA D/O LATE YALLAPPA BABALKAR, AGE: 08 YEARS, MINOR, ALL MINORS U/G REAL MOTHER JAISHREE APPELLANT NO.1, 5. SHARNAMMA W/O VAIJINATH BABALKAR, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O VILLAGE MENTHI MELKUNDA, TQ. BHALKI, DIST. BIDAR-585 401. …APPELLANTS (BY SRI BABU H. METAGUDDA, ADVOCATE) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1867 MFA No. 201030 of 2022 AND: 1. SYED IFTEQAR S/O SYED MASTAN SAB, AGE: MAJOR, OCC: BUSINESS AND AGRICULTURE, R/O BHATAMBRA VILLAGE, TQ. BHALKI, DIST. BIDAR-585 401. 2. THE DIVISIONAL MANAGER, FUTURE GENERAL INDIA INSURANCE CO. LTD., 2ND FLOOR, KALABURAGI, LAND MARK, OPP: T.B. GIRLS HIGH SCHOOL, DESHPANDE NAGAR, HUBLI-560 001. …RESPONDENTS (BY SRI SANDEEP VIJAYAKUMAR, ADVOCATE, FOR R1; SMT. PREETI PATIL MELKUNDI, ADVOCATE, FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEE’S COMPENSATION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 29-10-2021 PASSED IN ECA NO.4/2015 BY THE SENIOR CIVIL JUDGE AND COMMISSIONER UNDER EMPLOYEE’S COMPENSATION ACT, AT BHALKI AND ALLOW THE APPEAL BY ENHANCING THE COMPENSATION FROM RS.6,23,940/- WITH 12% INTEREST TO RS.12,00,000/- WITH 12% INTEREST. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. JOSHI - 3 - NC: 2025:KHC-K:1867 MFA No. 201030 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. JOSHI) 1. Though this matter is slated for admission, with the consent of both the parties, it is taken up for final disposal. 2. Heard learned counsel appearing for the appellants and the learned counsels appearing for the respondents. 3. This appeal is by the petitioners-claimants in E.C.A. No.4/2015 on the file of the Senior Civil Judge and Commissioner under Employees Compensation Act, Bhalki, (Hereinafter referred to as ‘the Commissioner’ for the sake of convenience) seeking enhancement of the compensation. 4. The substantial question of law that arise in this appeal is, whether the Commissioner was justified in considering the income of the deceased at Rs.6,000/- per month despite the notification under Section 4(1B) of the E.C. Act prescribes Rs.8,000/- per month as wages. - 4 - NC: 2025:KHC-K:1867 MFA No. 201030 of 2022 5. It is the settled position of law that when the relationship of the employer and employee is established, the wages unless or otherwise proved has to be accepted as per the notification issued by the Government of India under Section 4(1B) of the said Act. For taking the wages at higher rate than the notification, it has to be proved in accordance with law and in the absence of any such proof the Commissioner has to consider the income as per the notification by the Government. 6. It is not in dispute that the petitioners were the dependents of the deceased, who was the driver of the Tractor bearing No.KA-39/T-2747 and Trailer No.3070 and he had met with an accident and died at the spot. Though the petitioners contended that the driver was receiving salary of Rs.8,000/- per month, the Tribunal disbelieved the same and considered the wages at Rs.6,000/- per month and calculated the compensation amount. Obviously, in the absence of any cogent evidence regarding the wages that was received by the deceased, the Tribunal should have fallen back on the notification issued by the Government of - 5 - NC: 2025:KHC-K:1867 MFA No. 201030 of 2022 India under Section 4(1B) of the Act, instead it fixed the wages at Rs.6,000/- per month without any basis. 7. Hence, the impugned judgment to that extent deserves to be set aside. Consequently, the compensation amount is calculated as at Rs.8,000/- x 50% x 207.98 = Rs.8,31,920/- by taking the age of the deceased at 30 years. In addition to it, a sum of Rs.5,000/- has to be awarded towards funeral expenses. Therefore, the petitioners are entitled for a total compensation of Rs.8,36,920/- with interest at the rate of 12% per annum. The substantial question of law is answered accordingly. 8. In the result, the following: ORDER i) The appeal is allowed. ii) The petitioners are entitled for a sum of Rs. 8,31,920/- with interest at 12% per annum, payable after thirty days from the date of - 6 - NC: 2025:KHC-K:1867 MFA No. 201030 of 2022 incident till deposit, instead of Rs.6,23,940/- awarded by the Commissioner. iii) The rest of the order passed by Commissioner regarding interest etc., remained altered. Sd/- (C.M. JOSHI) JUDGE SBS List No.: 1 Sl No.: 43 CT: AK