- 1 - HC-KAR NC: 2026:KHC:26947 MFA No. 4319 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 4319 OF 2021(ECA) BETWEEN: M/S N.S.L SUGARA LIMITED KOPPA VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571 425 REPRESENTED BY ITS ASSISTANT MANAGER-HR, SRI NAVEEN S TIRUMALAGIMATH …APPELLANT (BY SRI. SANTHOSH NARAYAN S, ADVOCATE) AND: 1. SRI. M.V GIRISH S/O VENKATESH, AGED ABOUT 26 YEARS, R/O MAHARNAVAMI DODDI, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT 2. SRI RATHNAKAR C/O N.S.L SUGARS LIMITED, KOPPA VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571 425 PRESENTLY RESIDING AT SRI RATHNAKAR, CONTRACTOR, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26947 MFA No. 4319 of 2021 IYAAS COLONY, NEAR CHURCH, KUMBARWADA, BIDAR-585 403 …RESPONDENTS (BY SRI. RAJA L, ADVOCATE FOR R1, VIDE ORDER DATED 31/01/2025 NOTICE TO R2 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 30(1) OF EMPLOYEES COMPENSATION ACT,1923 AGAINST THE JUDGMENT AND AWARD DATED 28.06.2021 PASSED IN E.C.A NO. 15/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADDUR, AWARDING COMPENSATION OF RS. 5,37,600/- WITH INTEREST THERON AT THE RATE OF 12 PERCENT P.A. FROM THE DATE OF ACCIDENT i.e., DT. 27.11.2008 TILL THE DATE OF REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The Employer has preferred this appeal challenging the judgment and award dated 28.06.2021 passed by the Tribunal in ECA No.15/2015. 2. The factual matrix of the case is that the claimant/employee was employed in the appellant's sugarcane factory for unloading sugarcane from vehicles using a crane and the accident has occurred during the course of his employment As such, there was an employer- - 3 - HC-KAR NC: 2026:KHC:26947 MFA No. 4319 of 2021 employee relationship existed between the claimant and the appellant. 3. On 27.11.2008 at about 5:00 a.m., while the claimant was unloading sugarcane in the factory after climbing onto a tractor and trailer bearing Reg. No. KA-11-T-2558/59, the crane operator pulled the wire rope being used by the claimant, as result of which, the claimant fell down and sustained injuries. Since the accident occurred during the course of employment, the claimant filed the petition seeking just compensation against his employer. 4. The Tribunal, upon assessment of evidence on record, partly allowed the claim petition and directed the employer/appellant to pay compensation. Aggrieved by the said judgment and award, the appellant has preferred this appeal. 5. Heard the learned counsel for the appellant and the learned counsel for the respondent and perused the records. 6. Apart from urging several contentions, the learned counsel for the appellant primarily contended that the - 4 - HC-KAR NC: 2026:KHC:26947 MFA No. 4319 of 2021 Tribunal has erred in assessing the percentage of disability and consequently, awarding compensation. According to him, the doctor-PW.2 had not issued any disability certificate specifying either the percentage of permanent disability or the loss of earning capacity suffered by the employee. He submitted that the employee had sustained only a fracture to the rib and had suffered 5% disability to the liver. According to the learned counsel, the said disability might have been attributable to the consumption of alcohol and could not have been linked entirely to the injuries sustained in the accident. 7. He further contended that, notwithstanding the absence of any medical evidence certifying total disablement, the Tribunal has erroneously held that the employee had suffered 100% disability within the meaning of Sections 2(1)(1) and 4(1)(b) of the Employees' Compensation Act (for brevity, "the Act"). Placing reliance on the evidence of PW.3–Doctor and the wound certificate marked as Ex.P.4, he submitted that the Tribunal ought not to have treated that the injury has resulted in total - 5 - HC-KAR NC: 2026:KHC:26947 MFA No. 4319 of 2021 disablement under Section 2(1)(1) of the Act. On these grounds, he prayed to allow the appeal. 8. Per contra, the learned counsel for respondent No.1/employee contended that, due to the accident, the employee had sustained a fracture to the rib and suffered 5% damage to the liver. He submitted that PW.3–Doctor identified Exs.P.9 and P.10, which establish that the employee had sustained injuries, including damage to the liver and the rib fracture. According to him, the injury to the liver was the direct result of the accident and the same stands proved by the evidence of PWs.1 and 2. 9. He further submitted that, at present, the employee is completely bedridden, unable to perform any work, and is entirely dependent on his family members. In the said circumstances, the Tribunal was justified in holding that the employee had suffered total disablement and has rightly awarded the compensation. Therefore, he prayed for dismissal of the appeal. - 6 - HC-KAR NC: 2026:KHC:26947 MFA No. 4319 of 2021 10. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and perused the documents available on record. 11. As could be gathered from the records, the facts relating to the existence of the employer-employee relationship between the appellant and respondent No.1 and the occurrence of the accident during the course of employment are not in dispute in the instant case. The principal contention of the appellant is that, in the absence of the examination of the treating doctor and in the absence of a disability certificate on record, the Tribunal has erred in awarding compensation by assessing the injury suffered by the employee as total disablement. 12. This contention of the learned counsel for the appellant does not merit acceptance for the simple reason that it is an admitted fact that, due to the accident, the employee sustained blunt injuries to the abdomen and suffered a contusion to the liver, as evidenced by Ex.P.9. The admission record issued by the hospital dated 27.11.2008, i.e., immediately following the accident, as well - 7 - HC-KAR NC: 2026:KHC:26947 MFA No. 4319 of 2021 as the discharge summary, clearly disclose the history of the injury and the diagnosis of liver contusion involving the right lobe along with a rib fracture. The medical records placed on record consistently indicate that the employee had sustained damage to the liver as a consequence of the injuries suffered in the accident. 13. Further, the evidence of the treating doctor discloses that there was 5% damage to the liver. Therefore, mere absence of a formal disability certificate cannot be a ground to discard the medical evidence and other contemporaneous records available on record, while assessing the nature and extent of disablement suffered by the employee. 14. Section 2(1)(1) of the Act defines total disablement as, "such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of permorming at the time of accident resulting in such disablement." - 8 - HC-KAR NC: 2026:KHC:26947 MFA No. 4319 of 2021 15. On a careful reading of the above provision, it could be gathered that, owing to the damage to the liver and the fracture of the rib, the employee may not be in a position to carry on his avocation as before. According to the learned counsel for respondent No.1/employee, the employee is presently bedridden on account of the aggravation of the liver injury sustained in the accident. This assertion has not been effectively rebutted by the appellant by placing any contrary material on record. In such circumstances, I am of the considered view that the Tribunal was justified in holding that the employee had suffered permanent total disablement. The Tribunal has assessed the compensation by applying the appropriate factors and relevant multiplier and has consequently awarded just compensation. I do not find any perversity or illegality in the said findings recorded by the Tribunal. As such, I find no valid ground to interfere with the impugned judgment and award. Since no question of law, much less any substantial question of law arises for consideration in the present case, the appeal is dismissed. - 9 - HC-KAR NC: 2026:KHC:26947 MFA No. 4319 of 2021 16. The amount in deposit shall be transmitted to the concerned Tribunal for disbursement in accordance with the award of the Tribunal. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 46