- 1 - HC-KAR CNR: KAHC010474892022 NC: 2026:KHC:42530 MFA No. 7052 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 7052 OF 2022 (ECA) BETWEEN: THE NEW INDIA ASSURANCE CO LTD BRANCH OFFICE, BAGALUR MANSIONS 2ND FLOOR, DODDAPETE KOLAR-563 101 NOW REPRESENTED BY ITS REGIONAL MANAGER REGIONAL OFFICE, NO.9 MAHALAKSHMI CHAMBERS M.G. ROAD, BANGALORE-560 001 …APPELLANT (BY SRI. HARINI SHIVANANDA, ADVOCATE) AND: 1. SMT JABEENA TAJ W/O LATE MEHABOOB PASHA AGED ABOUT 40 YEARS 2. MR YASEEN PASHA S/O LATE MEHABOOB PASHA AGED ABOUT 25 YEARS 3. MR WASEEM PASHA S/O LATE MEHABOOB PASHA AGED ABOUT 24 YEARS ALL ARE R/AT 517/4, 1ST MAIN KUHTUB SHAHINSHA NAGAR KOLAR TOWN 4. SRI NARAYANASWAMY K.N MAJOR Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010474892022 NC: 2026:KHC:42530 MFA No. 7052 of 2022 M/S NANDHI BREEDING POULTRY FARM 218, 4TH CROSS, GOWRIPET KOLAR TOWN …RESPONDENTS (BY SRI. GOPAL KRISHNA N, ADVOCATE FOR R1 TO R3, R4 - SERVED) THIS MFA IS FILED U/S 30(1) EMPLOYEE COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 30.06.2022 PASSED IN ECA NO. 14/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, KOLAR, AWARDING COMPENSATOIN OF RS.7,44,366/- WITH INTEREST AT 12 PERCENT PA. FROM THE DATE OF ACCIDENT TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT This appeal is filed by the Insurance Company assailing the judgment and award dated 30.06.2022 passed in E.C.A.No.14/2017 by the Court of Prl. Senior Civil Judge and CJM at Kolar (for short, 'Commissioner'), whereby the Commissioner allowed the claim petition and awarded compensation of Rs.7,44,366/- with interest at the rate of 12% per annum to the claimants. 2. The death of Sri Mehaboob Pasha in the accident dated 28.04.2017 when he was working under respondent No.4 - 3 - HC-KAR CNR: KAHC010474892022 NC: 2026:KHC:42530 MFA No. 7052 of 2022 are not in dispute. The short question raised by the learned counsel for the Insurance Company in this appeal is that the accident was caused while the deceased returning to his residence from the work place, as such, in view of the judgment in the case of REGIONAL DIRECTOR, E.S.I. CORPORATION AND ANOTHER VS. FRANCIS DE COSTA AND ANOTHER - (1996) 6 SCC 1, the Insurance Company is not liable to make good the compensation. However, learned counsel for the respondent contended that the said position of law is no more res integra in view of the subsequent enactment of Section 51E of Employees' State Insurance Act, 1948 and the judgment of the Hon'ble Apex Court in the case of DAIVSHALA AND OTHERS VS. ORIENTAL INSURANCE COMPANY LTD AND ANOTHER in Civil Appeal No.6986/2015 arising out of Special Leave Petition(C) No.16573/2012. 3. I have carefully perused the judgment of the Hon'ble Apex Court in the above case. The Hon'ble Apex Court in the said judgment held in paragraph No.15 as under: "15. If Francis De Costa (Supra) is to be applied as it is, the appellants will be out of Court. However, a very important statutory intervention happened on - 4 - HC-KAR CNR: KAHC010474892022 NC: 2026:KHC:42530 MFA No. 7052 of 2022 01.06.2010 in the ESI Act, wherein Section 51E was introduced. Section 51E reads as under: - "51E. Accidents happening while commuting to the place of work and vice versa. - An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established." 4. In view of the above judgment, the contention raised by the learned counsel for the appellant-Insurance Company cannot be accepted. 5. As far as the compensation is concerned, the Commissioner, after meticulously examining the evidence on record rightly awarded just compensation, which does not call for any interference at the hands of this Court. Accordingly, the appeal lacks merit and same is dismissed. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 26