- 1 - HC-KAR CNR: KAHC010693072025 NC: 2026:KHC:53066 MFA No. 7932 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7932 OF 2025 (ECA) BETWEEN: 1. MR PARASHIVA K P S/O LATE PUTTAPPA AGED 52 YEARS. 2. SMT. SUVARNA G P W/O PARASHIVA K P AGED 48 YEARS. 3. MR SANJAY G P S/O PARASHIVA K P AGED 26 YEARS ALL ARE R/AT YANDUNDE GONI MARUR SOMAVARPETE TALUK GONIMARURA, KODAGU PIN – 571 215. …APPELLANTS (BY SMT. POOJA PARVATHI, ADVOCATE FOR SRI G. RAVISHANKAR SHASTRY, ADVOCATE) AND: 1. MR A C KURIAN M/A S K TRADING COMPANY A.R. D’SOUZA AMBEER BUILDING BENDAOORWELL, KANKANADY MANAGLORE PIN - 575 003. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010693072025 NC: 2026:KHC:53066 MFA No. 7932 of 2025 2. ROYAL SUNDARAMA GENERAL INSURANCE COMPANY LTD., VSHRANI MELARAM TOWERS No.2/319, RAJIV GANDHI SALAI KARAPAKKAM, CHENNAI LOCAL OFFICE: EMAKAYS SHALIMAR COMPLEX 3RD FLOOR KANAKANDY, MANAGLORE REP BY MANAGER. PIN – 575 003. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 21.07.2006. NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 30(1) OF EMPLOYEE COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.12.2023 PASSED IN ECA No.10/2019 ON THE FILE OF THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU D.K., ,PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimants under Section 30(1) of the Employees Compensation Act, 1923 challenging the judgment and award dated 26.12.2023 passed in ECA No. 10/2019 by the I Additional Senior Civil Judge and CJM, Mangaluru. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010693072025 NC: 2026:KHC:53066 MFA No. 7932 of 2025 2. Heard learned counsel for appellants and learned counsel for respondent No. 2 - Insurer. 3. Appellants made a claim petition praying to award compensation for the death of Mr. Sachin, who was working as a driver under respondent No. 1 on tanker lorry bearing No. KA-19-AB-7321. When he was riding the said vehicle, he lost control and dashed against oncoming lorry bearing registration No. KA-12-A-3065 due to which he sustained grievous injuries and died on the way to the hospital. 4. Claimants contented that the deceased was an employee under respondent No. 1 and respondent No. 2 is the insurer and prayed compensation for the death of said Mr. Sachin. The Tribunal/Commissioner after recording evidence, appreciating the evidence on record assessed the compensation and awarded compensation under different heads as under: 1 Compensation for the death of the deceased Rs.8,73,880.00 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010693072025 NC: 2026:KHC:53066 MFA No. 7932 of 2025 2 Funeral expenses of the deceased Rs.5,000.00 Total Rs.8,78,880.00 5. The Tribunal/Commissioner has also awarded interest at the rate of 12% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Said award passed by the Tribunal/Commissioner has been challenged by the claimants on the ground that the deceased was getting wages of Rs.18,000/- per month and the Tribunal/Commissioner has erred in taking the wages at Rs.8,000/- per month. 6. The substantial question of law proposed in the appeal memo is, “Whether the monthly wages of Sachin @ G.P.Sachin @ Sachin G.P. determined at Rs.8,000/- is opposed to oral evidence on record?” Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010693072025 NC: 2026:KHC:53066 MFA No. 7932 of 2025 7. The Tribunal/Commissioner held that the claimants have not established that the deceased was getting wages of Rs.18,000/- per month and taken the wages based on the notification dated 31.05.2010 bearing No. S.O.1258(E) whereunder wages are fixed at Rs.8,000/-. Considering the said aspect, the Tribunal/Commissioner has rightly taken the monthly wages of the deceased as no income proof was produced. 8. In view of the above, no substantial question of law arises for consideration in this appeal. Hence, appeal is dismissed. (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 21 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA