- 1 - HC-KAR NC: 2025:KHC-K:3580-DB MFA No. 201271 of 2019 C/W MFA No. 200382 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS. JUSTICE K S HEMALEKHA MISCL. FIRST APPEAL NO.201271 OF 2019 (WC) C/W MISCL. FIRST APPEAL NO.200382 OF 2019 (WC) IN MISCL. FIRST APPEAL NO.201271 OF 2019 BETWEEN: 1. THE DIVISIONAL MANAGER, N.E.K.R.T.C., RAICHUR DIVISION, RAICHUR. 2. THE MANAGING DIRECTOR, N.E.K.R.T.C., GULBARGA DIVISION, GULBARGA. …APPELLANTS (BY SRI. DEEPAK V. BARAD, ADVOCATE) AND: 1. SMT. NAGARATHNA @ MAMATHA W/O. LATE BASSANAGOUDA, AGE ABOUT:32 YEARS, OCC: HOUSEHOLD, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3580-DB MFA No. 201271 of 2019 C/W MFA No. 200382 of 2019 2. KUM. CHANDANA PATIL D/O. LATE BASSANAGOUDA, AGE ABOUT:10 YEARS, OCC: STUDENT, 3. KUM. SHIVALINGAREDDY PATIL S/O. LATE BASSANAGOUDA, AGE ABOUT: 3 YEARS, OCC: NIL, ALL ARE R/O. KAKARGAL VILLAGE, NOW AT H.NO.1-2-63, PATIL STREET, DEODURGA, DIST: RAICHUR – 584101. THE RESPONDENTS NO.2 & 3 ARE MINOR, HENCE U/G OF THEIR NATURAL MOTHER 1ST RESPONDENT …RESPONDENTS (BY SRI S. G. MATH, ADVOCATE & SMT. LAKSHMI G.E., ADVOCATE FOR R1; R2 & R3 ARE MINORS REPRESENTED BY R1) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 27.10.2018 PASSED BY THE SENIOR CIVIL JUDGE AT DEODURGA IN E.C.A NO.46/2016, AND CONSEQUENTLY IS PLEASED TO REDUCE THE AWARDED COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-K:3580-DB MFA No. 201271 of 2019 C/W MFA No. 200382 of 2019 IN MISCL. FIRST APPEAL NO.200382 OF 2019: BETWEEN: 1. SMT. NAGARATHNA@ MAMATHA W/O LATE BASSANAGOUDA, AGE: 31 YEARS, OCC: HOUSEWIFE, 2. KUM. CHANDANA PATIL D/O. LATE BASSANAGOUDA, AGE : 09 YEARS, OCC: STUDENT MINOR, 3. KUM. SHIVALINGAREDDY PATIL S/O. LATE BASSANAGOUDA, AGE : 03 YEARS MINOR, BOTH ARE U/G OF THEIR NATURAL MOTHER, SMT. NAGARATHANA @ MAMATHA. ALL ARE R/O KAKARGAL VILLAGE, NOW AT H.NO.1-2-63, PATIL STREET, DEVADURGA, DIST:RAICHUR. …APPELLANTS (BY SRI BABU H. METAGUDDA, ADVOCATE) AND: 1. THE DIVISIONAL MANAGER, N.E.K.R.T.C., RAICHUR DIVISION, RAICHUR – 584101. 2. THE MANAGING DIRECTOR, N.E.K.R.T.C., KALABURAGI DIVISION, KALABURAGI – 585101. …RESPONDENTS (BY SRI. DEEPAK V. BARAD, ADVOCATE FOR R1 & R2) - 4 - HC-KAR NC: 2025:KHC-K:3580-DB MFA No. 201271 of 2019 C/W MFA No. 200382 of 2019 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 27.10.2018, PASSED BY THE COURT OF SENIOR CIVIL JUDGE AT DEODURGA E.C.A. NO.46/2016 AND PLEASED TO ENHANCE THE COMPENSATION OF `:7,36,680/- TO `:60,80,000/-, IN THE INTEREST OF JUSTICE. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS. JUSTICE K S HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ) These two appeals arise out of the judgment and award dated 27.10.2018 passed by the Court of Senior Civil Judge, at Deodurga in E.C.A.No.46/2016. 2. MFA No.201271/2019 is preferred by the Corporation and MFA No.200382/2019 is preferred by the claimants. - 5 - HC-KAR NC: 2025:KHC-K:3580-DB MFA No. 201271 of 2019 C/W MFA No. 200382 of 2019 3. Deceased-Bassanagouda working as driver- cum-conductor in NEKRTC at Raichur Division, Raichur, while returning from Bangalore after taking delivery of a new bus bearing Registration No.KA 51-TC-05, on 25.06.2014, met with an accident near Hotteppanahalli gate on State Highway No.19, when he lost control of the said vehicle, while trying to avoid a head-on collision with a lorry bearing Registration No.KA 28/B 2789, coming from the opposite direction. The accident resulted in fatal injuries. The claimants being the wife and minor children of the deceased, filed a petition under Section 22 of the Workmen’s Compensation Act, (‘Act’ for short) claiming compensation of Rs.60,00,000/-. 4. The Court of Senior Civil Judge at Deodurga, vide judgment dated 27.10.2018, in E.C.A.No.46/2016 was pleased to award a total compensation of Rs.7,36,680/- along with interest @ 12% per annum from the date of petition till its realization. - 6 - HC-KAR NC: 2025:KHC-K:3580-DB MFA No. 201271 of 2019 C/W MFA No. 200382 of 2019 5. The Corporation has challenged the judgment and award on the ground that the Court below has erroneously awarded compensation, without properly appreciating both oral and documentary materials on record and not properly considering the fact that the accident was on account of the fault of the deceased himself. 6. The claimants have challenged the judgment and award on the ground that the income of the deceased taken by the Court below was on the lower side and the interest was awarded from the date of petition and not from one month of the date of accident. 7. We have heard the arguments of the learned counsel appearing for the respective parties in both the appeals and perused the material on record. 8. It is not disputed that deceased-Bassanagouda was working as a driver in NEKRTC of Raichur Division, Raichur, and he was an employee of the said Corporation. - 7 - HC-KAR NC: 2025:KHC-K:3580-DB MFA No. 201271 of 2019 C/W MFA No. 200382 of 2019 It is also not in dispute that the claimants are the wife and children of the deceased. On 24.06.2014, deceased had been to Bangalore to take delivery of a new bus. He left Bangalore on 25.06.2014 and while returning to Raichur, he met with an accident at about 00-15 a.m., while trying to avoid a head-on collision with a lorry bearing Registration No.KA 28/B 8789. Due to the said accident he sustained multiple injuries to his head, chest, both legs etc., and died at the spot. 9. The contention of the learned counsel for the Corporation that the deceased himself was responsible for the accident and therefore, the Corporation is not liable to indemnify the award cannot be accepted since, the requirement under ‘the Act’ is that the deceased should be an employee and death should be during the course of his employment. Fixing the liability on the Corporation is therefore justified. - 8 - HC-KAR NC: 2025:KHC-K:3580-DB MFA No. 201271 of 2019 C/W MFA No. 200382 of 2019 10. It is contended by the learned counsel for the claimants relying on Ex.R.1, that deceased was having a salary of Rs.13,988/- per month including DA and HRA, but the Court below has wrongly taken the basic pay i.e., Rs.11,190/- per month as the salary. He relied on a judgment of the Hon’ble Supreme Court in the case of Manasvi Jain Vs. Delhi Transportation Corporation reported in 2014 KANT MAC 571 (SC), to contend that except the deduction made towards income tax, rest of the amount have to be taken into consideration while calculating the income of the said deceased. 11. In the above judgment of the Hon’ble Apex Court, it is held at paragraph No.13 that ‘except contribution towards Income Tax, the other voluntary contributions made by the deceased, which are in the nature of savings, cannot be deducted from the monthly salary to decide his net salary or take up salary’. A perusal of Ex.R.1 would go to show that the deceased was having a salary of Rs.13,988/-. No reasons are assigned by the - 9 - HC-KAR NC: 2025:KHC-K:3580-DB MFA No. 201271 of 2019 C/W MFA No. 200382 of 2019 Court below for taking the basic pay of the deceased while calculating his monthly income. 12. The learned counsel for the claimants would fairly submit that a sum of Rs.200/- has to be deducted from the salary towards Professional Tax. Hence, the monthly salary of the deceased would be Rs.13,788/-. Deducting 50% of the same, the monthly salary would be Rs.6,894/-. Deceased was aged 40 years, hence, the relevant factor is 184.17, therefore, the claimants are entitled for a sum of Rs.12,69,667.98/- (6,894 x 154.17). If a sum of Rs.5000/- is added towards funeral expenses and Rs.1000/- towards cost, claimants are entitled for a total compensation of Rs.12,75,667/-. 13. The Court below has awarded Rs.7,36,680/- along with interest @ 12% per annum from the date of petition till realization, instead of one month from the date of accident. Hence, the judgment and award passed by the Court below deserves to be modified. - 10 - HC-KAR NC: 2025:KHC-K:3580-DB MFA No. 201271 of 2019 C/W MFA No. 200382 of 2019 14. Accordingly, the following: ORDER i. MFA No.201271/2019 is dismissed. ii. MFA No.200382/2019 is allowed-in-part. iii. The appellants/claimants are entitled to a total compensation of Rs.12,75,667/- with interest @ 12% per annum from one month from the date of accident till realization. iv. The amount in deposit shall be transmitted to the Court below. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (K S HEMALEKHA) JUDGE TMP List No.: 1 Sl No.: 20 CT:NI