- 1 - HC-KAR NC: 2026:KHC:35560 MFA No. 572 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 572 OF 2014 (WC) BETWEEN: LAXMINARAYANA MANAGING DIRECTOR, M/S ESHWAR PAPER MILLS PVT.LTD REGISTERED OFFICE AND FACTORY AT NO.253-254, PEENYA INDUSTRIAL AREA, 3RD PHASE, BANGALORE 560056. APPELLANT (BY SRI. B. SUDHAKAR.,ADVOCATE) AND: 1. SMT JAYAMMA W/O LATE SHIVANNA, 2. M.S. SHILPA D/O LATE SHIVANNA, MINOR 3. M.S. SHEELA D/O LATE SHIVANNA, MINOR, 4. M.S. KUSUMA D/O LATE SHIVANNA, MINOR, RESPONDENTS 2 TO 4 ARE MINORS ARE REPRESENTED BY GUARDIAN MOTHER SMT. JAYAMMA. ALL AARE RESIDENTS OF BEHIND THE OLD COURT BUILDING, MALAVALLI TOWN, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35560 MFA No. 572 of 2014 NOW RESIDING AT ARAKESWARA NAGARA, 6TH CROSS GUTHALU, MANDYA CITY 57140. RESPONDENTS (V/O DTD 22.03.2019 PAPER PUBLICATION ACCEPTED IN R/O R1 AND NOTICE TO IS HELD SUFFICINET; R2 TO R4 ARE MINORS REP BY R1.) THIS MFA IS FILED U/S 30(1) OF W.C.ACT AGAINST THE JUDGMENT DATED 22.7.2013 PASSED IN WCA.NO/ECA/FC/CR- 06/2010 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, SUB DIVISION-2, MANDYA, AWARDING A COMPENSATION OF RS.3,89,280/- WITH INTEREST ON THE COMPENSATION AMOUNT AWARDED @ 12% P.A WITH EFFECT FROM 14.12.2009 AND ETC,. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the owner of the company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 22.07.2013 passed in ECA/FC/CR.No.06/2010 on the file of the learned Labour Commissioner and Authority under Workmen's Compensation Act, Mandya, (hereinafter referred as to the 'Commissioner') seeking for enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant, inspite of service of notice, respondent No.1 - 3 - HC-KAR NC: 2026:KHC:35560 MFA No. 572 of 2014 remained absent and respondent Nos.2 to 4 are minors. The ranks of the parties are retained as per the Comissioner for the sake of convenience. 3. One Sivanna aged 36 years working as assistant operator under the appellant for about 6 years met with an accident on 19.03.2005 and died subsequently. His wife and children filed claim petition claiming compensation of Rs.20,00,000/-. The Commissioner considered the entire evidence on record and granted amount of Rs.3,89,280/- with interest at the rate of 12% per annum from date of petition till the date of award and the respondent is directed to deposit the amount in 30 days otherwise liable to pay 12% interest on the compensation amount till the date of deposit. Aggrieved by the said order, employer of the deceased filed this appeal and mainly contended that Sivanna was a temporary workman working as a helper in Eshwar Paper Mills Pvt. Ltd., and earning a salary of Rs.2,300/- per month. On 19.03.2005 during the course of employment due to the fall from corner sheet which was at a height of 10 to 12 feet from the ground while doing some repair work he fell down, sustained injuries and underwent surgery on 21.03.2005. They have informed about - 4 - HC-KAR NC: 2026:KHC:35560 MFA No. 572 of 2014 the accident to the Labour Officer and Authority on 21.03.2005. He was supposed to undergo medical examination on 12.05.2005 as per the medical advice and his next day of the appointment was fixed on 04.08.2005. He was paid full wages for the month of May, 2005 and 50% monthly wages thereafter. On 29.12.2006 he passed away, prior to that he filed an application for compensation before the Authority in the Workmen's Compensation Act, on 16.08.2006. Thereafter, his legal representatives were brought on record. The Commissioner on 22.07.2013 directed respondents to pay compensation of Rs.3,89,280/- per month with interest at the rate of 12% per annum. It is contented that he passed away on 29.12.2005, after getting monthly salary of Rs.2,300/- per month and not Rs.4,000/-. There was no documentary evidence to substantiate that he was drawing a salary of Rs.4,000/- per month and petition filed by him is barred by limitation. As per Section 10 of the Workmen's Compensation Act, limitation prescribed for preferring an appeal is within the period of 2 years from the date of occurrence and discretion was also granted to the Commission to accept the application if there is sufficient legally valid reason for condoning the delay. - 5 - HC-KAR NC: 2026:KHC:35560 MFA No. 572 of 2014 But he died on 29.12.2006 claim was filed in the year 2009, therefore, the said order dated 22.07.2013 is not maintained. He has not underwent medical examination on 12.05.2005 nor on 04.08.2005, this shows that he died due negligence in treating his injuries. Doctor/PW2 stated that on 27.02.2006 Shivanna came to the hospital nearly 10 months after the discharge and but he is directed to appear on 12.05.2005. It is further stated that they are not aware of WCA.No.16/2006 filed by him and they have no knowledge whether respondents filed any LR's application to come on record after his death. The summons is not served to him in WCA.No.16/2006 as such they have not represented. Therefore, requested the Court to set aside the order on the following substantial question of law: "a) Whether the Appellant is liable for paying compensation to the Respondents at the rate at which has been calculated and ordered to be paid, passed by the Commissioner of Labour and Authority under Workmen's Compensation Act, 1923?" 4. Perusal of the judgment of the Commissioner shows that after filing of the written objections, respondents remained absent, they have not examined any witnesses, did not produce - 6 - HC-KAR NC: 2026:KHC:35560 MFA No. 572 of 2014 any documents and they have not represented inspite of granting reasonable opportunity. 5. In this appeal, there is no dispute regarding employer and employee relationship between the appellant and Sivanna. It is mainly contented that, they were paying only Rs.2,300/- per month, but the Commissioner erred in taking his income as Rs.4,000/- per month. As he met with an accident in the year 2005, the Commissioner considered his wages as Rs.4,000/- per month as per the GO existing as on the date. Therefore, the said objection cannot be accepted and another objection is on the aspect of limitation. Initially, WCA.No.16/2006 is filed by Sivanna himself for claiming compensation for the injuries sustained by him and later when he died and the LR's were brought on record. Therefore, it cannot be said that WCA was not filed within the stipulated time. Therefore, this Court finds that the appellant has not appeared before the Commissioner when reasonable opportunity was granted and not contested the matter. Therefore, considering the evidence on record and the injuries sustained by him and other aspects, the Commissioner has rightly granted Rs.3,89,280/- with interest at the rate of 12% - 7 - HC-KAR NC: 2026:KHC:35560 MFA No. 572 of 2014 per annum and the said amount is also deposited by the appellant before this Court. Therefore, this Court finds no reason to interfere with the order of the Commissioner. 6. In the result, the following: ORDER i. The appeal is dismissed by confirming the judgment and award of the Commissioner; ii. Respondent No.1 is permitted to withdraw the entire amount along with interest accrued on the same; iii. Registry is directed to send back the records. In view of dismissal of main appeal pending interlocutory application does not survive for consideration. Accordingly, disposed of. Sd/- (P SREE SUDHA) JUDGE PNV - List No.: 1 Sl No.: 28