- 1 - HC-KAR NC: 2026:KHC:35603 MFA No. 3717 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 3717 OF 2021 (ECA) BETWEEN: ABUBAKAR S/O HAMAJA AGED ABOUT 40 YEARS DRIVER NOT WORKING R/O SHOP NO.43, VEGETABLE AGENT CENTRAL MARKET MANGALOORU TOWN NOW R/O K.H SIDDARAMAPPA BADAVANE HOLALKERE TOWN CHITRADURGA DISTRICT-577 526 …APPELLANT (BY SRI. SHIVAKUMARAPPA T.C, ADVOCATE) AND: 1. K.M MOHIDDEN S/O MUMUMHI AGED ABOUT 58 YEARS OWNER OF THE LUGGAGE BEARING REG. NO. KL-14/T-1684 R/O SARAGOLI COMPOUND NEAR FISH MARKET, KASARGODU TOWN KERALA STATE-671 121 2. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO.LTD, DIVISIONAL OFFICE NO. 289/12 2ND FLOOR, A.M.ARCADE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35603 MFA No. 3717 of 2021 C.G. HOSPITAL ROAD, DAVANAGERE-577 002 …RESPONDENTS (BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 30(1) OF EMPLOYEES COMPENSATION ACT,1923 AGAINST THE JUDGMENT AND AWARD DATED 08.07.2020 PASSED IN E.C.A NO.2/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC AND M.A.C.T., HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant-employee has preferred this appeal seeking enhancement of compensation awarded under the judgment and award dated 08.07.2020 passed in ECA No.2/2018 by the Senior Civil Judge and M.A.C.T. at Holalkere (for brevity, "the Commissioner"). 2. The factual matrix of the case are, on 21.12.2016, the claimant was employed as a driver of the luggage vehicle bearing registration No.KL-14/T-1684 under respondent No.1. On the said day, when he was driving the said vehicle on NH-13 - 3 - HC-KAR NC: 2026:KHC:35603 MFA No. 3717 of 2021 near Murugesh Petrol Bunk, Chitradurga–Holalkere Road, at about 9:30 p.m., a lorry bearing registration No.KA-34/4375, coming from the opposite direction, was driven in a rash and negligent manner and suddenly stopped the vehicle. As a result, the claimant lost control over the vehicle driven by him and dashed the front right portion of the said lorry, thereby caused the accident. Further, the accident was occurred in the course of employment under respondent No.1. Due to the impact of the accident, the claimant sustained grievous injuries, including fractures of the right ulna and radius, besides other injuries as reflected in the discharge summary. Immediately after the accident, he was shifted to the Government Hospital at Holalkere, where he received initial treatment. Thereafter, on the advice of the treating Doctors, he underwent treatment at various hospitals as both an inpatient and an outpatient and also underwent surgery for the injuries he sustained. 3. Consequently, the claimant-employee filed a claim petition before the Commissioner seeking compensation under the Employees' Compensation Act. Upon appreciation of the oral and documentary evidence, the Commissioner partly - 4 - HC-KAR NC: 2026:KHC:35603 MFA No. 3717 of 2021 allowed the claim petition. Aggrieved by the said judgment and award, the claimant-employee has preferred this appeal. 4. Heard learned counsel Sri. Shivakumarappa T.C., for the appellant-employee and learned counsel Sri. C. Shankara Reddy, for respondent No.2-Insurance Company. 5. Apart from urging several contentions, learned counsel for the claimant primarily contended that the Commissioner erred in not considering Ex.P7, comprising 24 medical bills evidencing expenditure of Rs.22,810/- incurred by the claimant towards medical treatment as an inpatient. It is further contended that the Commissioner has also erred in awarding interest at the rate of 6% per annum instead of 12% per annum as contemplated under law. On these grounds, he prays to allow the appeal. 6. Per contra, learned counsel for respondent No.2- Insurnace Company, while supporting the impugned judgment and award contended that the Commissioner, upon proper appreciation of the oral and documentary evidence available on - 5 - HC-KAR NC: 2026:KHC:35603 MFA No. 3717 of 2021 record, has rightly awarded the compensation. Accordingly, he prays to dismiss the appeal. 7. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and perused the documents made available on record. 8. As could be gathered from records, the claimant has produced 24 medical bills at Ex.P7 evidencing medical expenses amounting to Rs.22,810/-. However, the Commissioner declined to award the said amount on the ground that the amount reflected in Bill No.9 was already included in Bill No.2 and the said Bill No.9 was not a computer- generated bill. It was further observed that Bill No.10 did not stand in the name of the claimant. Be that as it may, the Commissioner failed to consider the remaining medical bills, except Bill Nos.9 and 10. Even after excluding the amounts covered under the said two bills, the claimant is entitled to reimbursement of the balance medical expenses of Rs.18,671/. 9. Further, the Commissioner has erred in awarding interest at the rate of 6% per annum instead of 12% per - 6 - HC-KAR NC: 2026:KHC:35603 MFA No. 3717 of 2021 annum on the compensation amount. Insofar as the assessment of income, disability and the relevant factor adopted by the Commissioner are concerned, the same are found to be just and proper and do not warrant interference. Accordingly, the appeal deserves to be allowed in part. 10. The claimant-employee is entitled for sum of Rs.18,671/- in addition to what has been awarded by the Commissioner i.e., Rs.1,81,978/- with 12% interest from the date of one month after the accident. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 49