- 1 - HC-KAR CNR: KAHC010388062024 NC: 2026:KHC:46696 MFA No. 4567 of 2024 C/W MFA No. 1254 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.4567 OF 2024 (ECA) C/W MISCELLANEOUS FIRST APPEAL NO.1254 OF 2024 (ECA) IN MFA No. 4567/2024 BETWEEN: MICRO TECH INDIA PRODUCTS, AS ISO 9110/2015, CERTIFIED ESTABLISHMENT NO.93, 1ST MAIN, PETECHANNAPPA INDUSTRIAL ESTATE, MAGADI MAIN ROAD, KAMAKSHIPALYA, BENGALURU - 560 079. REPRESENTED BY ITS PROPRIETOR …APPELLANT (BY SRI. G.S. NAVEEN KUMAR, ADVOCATE FOR SRI. MUKKANNAPPA S B., ADVOCATE) AND: MR. TEJAS, S/O GOVINDARAJU, AGED ABOUT 25 YEARS, RESIDING AT SHANUBHOGANAHALLI, BACHENAHALLI POST, MAGADI TALUK, RAMANAGARA DISTRICT. …RESPONDENT (BY SRI. MOHITH, ADVOCATE FOR SRI. M.B. CHANDRACHOODA., ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010388062024 NC: 2026:KHC:46696 MFA No. 4567 of 2024 C/W MFA No. 1254 of 2024 THIS MFA IS FILED UNDER SECTION.30(1) EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED:04.12.2023 PASSED IN ECA NO.31/2019 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSE JUDGE AND AMM, MEMBER, MACT, BENGALURU, (SCCH-24), AWARDING COMPENSATION OF RS.3,81,346/- WITH INTEREST AT 12 PERCENT P.A. FROM THE DATE OF ACCIDENT i.e. 04.12.2018 TILL THE DATE OF REALIZATION. IN MFA NO. 1254/2024 BETWEEN: SRI TEJAS S/O GOVINDARAJU, AGED 24 YEARS, R/AT SHANUBHOGANAHALLI VILLAGE, MAGADI TALUK, RAMANAGARA DISTRICT. ...APPELLANT (BY SRI. MOHITH, ADVOCATE FOR SRI. M.B. CHANDRACHOODA., ADVOCATE) AND: MICRO TECH(INDIA) PRODUCTS AN ISO 9110/2015 CERTIFIED COMPANY 93, 1ST MAIN, PETECHANNAPPA INDUSTRIAL ESTATE, MAGADI MAIN ROAD, KAMAKSHIPALYA, BENGALURU - 560079 REP. BY ITS MANAGER / AUTHORIZED SIGNATORY ...RESPONDENT (BY SRI. G.S. NAVEEN KUMAR, ADVOCATE FOR SRI. MUKKANNAPPA S.B., ADVOCATE) - 3 - HC-KAR CNR: KAHC010388062024 NC: 2026:KHC:46696 MFA No. 4567 of 2024 C/W MFA No. 1254 of 2024 THIS MFA IS FILED UNDER SECTION 30(1) EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED:04.12.2023 PASSED IN ECA NO.31/2019 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSE JUDE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT These two appeals by the Employer as well as Employee, calling in question the Judgment and Award dated 04.12.2023, passed by the XXII Addl. Small Causes Judge and Addl. Chief Metropolitan Magistrate, Member - MACT, Bengaluru (SCCH-24)1, in E.C.A No.31/2019. 2. The employer has filed the appeal seeking reduction in the compensation and the employee is in appeal seeking enhancement of compensation. 1 'the Tribunal', for short - 4 - HC-KAR CNR: KAHC010388062024 NC: 2026:KHC:46696 MFA No. 4567 of 2024 C/W MFA No. 1254 of 2024 3. The parties are referred to as per their ranking before the Tribunal. 4. Facts germane to file the present appeals are as under: 5. In an accident on 04.12.2018, while the employee/claimant was working under the employment of the respondent as a 'Machine Operator' in "Punching Machine", during the course of employment, the punching machine fell on the fingers of the right hand, and index finger & middle finger of the right hand had been auto amputated. Accordingly, the claim petition was filed under Section 22 of the Employee's Compensation Act, 1923, claiming compensation from the respondent for injuries sustained by him during the course of employment on 04.12.2018. 6. The respondent upon notice, appeared through counsel and filed statement of objections and contended - 5 - HC-KAR CNR: KAHC010388062024 NC: 2026:KHC:46696 MFA No. 4567 of 2024 C/W MFA No. 1254 of 2024 that there was no fault from the side of employer and sought to dismiss the claim petition. 7. The Tribunal upon completion of pleadings, after appreciating the entire evidence available on record, both ocular and documentary, awarded compensation of Rs.3,81,346/- with interest @ 12% per annum from the date of accident till the date of realization. It is this Judgment passed by the Tribunal, is called in question in these appeal, by both Employer and Employee, on quantum. 8. Heard, Sri.Naveen Kumar, learned counsel appearing on behalf of Sri.S.B.Mukkannappa, learned counsel for the Employer and Sri.Mohith, learned counsel appearing on behalf of Sri.M.B.Chandrachooda, learned counsel for the Employee and perused both the appeal papers. 9. The Tribunal taking note of the evidence of the Doctor - PW.2, who has stated that the disability would - 6 - HC-KAR CNR: KAHC010388062024 NC: 2026:KHC:46696 MFA No. 4567 of 2024 C/W MFA No. 1254 of 2024 impair the earning capacity at 30%, at paragraph Nos.21 and 22 of its Judgment, observed as under: "21. PW2 has deposed that petitioner has permanent disability of 30% on right hand as his middle and thumb finger were amputed. To that effect the petitioner has produced his photographs about amputation of two right hand fingers. Further the respondent in their written statement, so also in the evidence of RW1 and RW2 have admitted the said fact. If schedule I Part II of Employee Compensation Act, 1923 is perused wherein it is provided that the percentage of loss of earning capacity for amputation of two finger in one hand is given 20%. Under such circumstances, this Court inclines to take 20% as loss of earning capacity of the petitioner. 22. This Court has already held that income of the petitioner was Rs.13,000/- per month. Therefore, 60% of the said monthly wages will be Rs.7,800/- per month. If the relevant factor is added 225.22 in the said amount, it would be Rs.17,56,716/-. Thus the compensation payable to the petitioner is Rs.17,56,716/- X 20% = Rs.3,51,343.2/-. The petitioner is entitled for total compensation for loss of income which is worth of Rs.3,51,343/- and Rs.30,003/- in all sum of Rs.3,81,346/-." - 7 - HC-KAR CNR: KAHC010388062024 NC: 2026:KHC:46696 MFA No. 4567 of 2024 C/W MFA No. 1254 of 2024 10. The Tribunal has considered the income of the employee/claimant at Rs.13,000/-, as per the evidence of claimant in his evidence and taking the disability at 20% to the whole body, applying relevant factor of 225.22 and medical expenses of Rs.30,003/-, awarded total compensation of Rs.3,81,346/- with interest @ 12% per annum from the date of accident till realization. 11. Both the appeals are filed on quantum of compensation and on factual aspects, there is no substantial questions of law in both the appeals. No grounds are made either by the Employer and the Employee, to reduce or enhance the compensation. For the reasons afore, both the appeals fail and are accordingly, dismissed. 12. The entire amount deposited by the Employer before the Tribunal shall be released in favor of the claimant/employee, on proper identification. - 8 - HC-KAR CNR: KAHC010388062024 NC: 2026:KHC:46696 MFA No. 4567 of 2024 C/W MFA No. 1254 of 2024 13. The Employer shall deposit the interest accrued on the awarded sum before the concerned Tribunal immediately after expiry of 30 days from the date of accident, till the principal amount is deposited. On deposit entire amount shall be released in favour of employee on proper identification. 14. In view of dismissal of appeals, pending interlocutory applications, if any, stand disposed of. Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 32