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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

M.F.A.NO.6517/2013 (WC)

C/W.

M.F.A.NO.6388/2013 (WC)

IN M.F.A.NO.6517/2013 (WC):

BETWEEN:

SRI THULASIRAMANAIK,

S/O RAJANAIK,

AGED ABOUT 25 YEARS,

OCC:DRIVER – CANTER,

RES: K.R.PURAM,

NEAR CORPORATION SCHOOL,

HOSKOTE ROAD, BENGALURU.

… APPELLANT

(BY SMT. UMADEVAMMA M.C., ADVOCATE)

AND:

1.

SRI GOPAL,

S/O LATE ERAPPA,

AGE:MAJOR,

NO.82, ‘G’ CROSS,

BATARAYANAPURA,

MYSORE ROAD,

BENGALURU-92.

2.

THE MANAGER,

ICICI LOMBARD INSURANCE

COMPANY LTD.,

RAJALAKSHMI ARCHADE,

NO.228/15, 22^ND CROSS,

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9^TH MAIN, JAYANAGAR 3^RD BLOCK,

BENGALURU-4.

… RESPONDENTS

(BY SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR R-2;

R-1 SERVED)

THIS MFA IS FILED UNDER SECTION 30(1) OF WC ACT

AGAINST

THE

JUDGMENT

DATED

28.02.2013

PASSED

WCA/NFC/CR-25/2011 ON THE FILE OF THE LABOUR OFFICER

AND COMMISSIONER FOR WORKMEN COMPENSATION, SUB-

DIVISION-4,

KARMIKA

BHAVAN,

BANNERGHATTA

ROAD,

BENGALURU-29, PARTLY ALLOWING THE CLAIM PETITION FOR

COMPENSATION.

IN M.F.A.NO.6388/2013 (WC):

BETWEEN:

M/S. ICICI LOMBARD GENERAL

INSURANCE COMPANY LTD.,

RAJALAKSHMI ARCHADE,

NO.228/15, 9^TH MAIN, 22^ND CROSS,

JAYANAGAR 3^RD BLOCK, BENGALURU.

NOW REPRESENTED BY

THE MANAGER LEGAL,

M/S. ICICI LOMBARD COMPANY LTD.,

REGIONAL OFFICE,

NO.89, SVR COMPLEX,

2^ND FLOOR, HOSUR MAIN ROAD,

MADIVALA, BENGALURU.

… APPELLANT

(BY SRI B.C. SHIVANNE GOWDA, ADVOCATE)

AND:

1.

TULASI RAM NAIKA,

S/O RAJA NAIKA,

AGED ABOUT 31 YEARS,

NEAR K.R.PURAM CORPORATION SCHOOL,

NEAR HOSKOTE,

BENGALURU.

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2.

SRI GOPAL,

S/O LATE ERAPPA,

AGE: MAJOR,

NO.82, BYATHARAYANAPURA,

MYSORE ROAD, BENGALURU.

… RESPONDENTS

(BY SMT. UMADEVAMMA M.C., ADVOCATE FOR R-1;

R-2 SERVED)

THIS MFA IS FILED UNDER SECTION 30(1) OF WC ACT

AGAINST

THE

JUDGMENT

DATED

28.02.2013

PASSED

WCA/NFC/CR NO.25/2011 ON THE FILE OF THE LABOUR

OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION,

SUB-DIVISION-4,

KARMIKA

BHAVAN,

BANNERGHATTA,

BENGALURU, AWARDING A COMPENSATION OF Rs.4,16,838/-

WITH INTEREST.

THESE APPEALS HAVING BEEN HEARD AND RESERVED

FOR JUDGMENT ON 20.07.2021, THIS DAY, THE COURT

PRONOUNCED THE FOLLOWING:

J U D G M E N T

These two appeals are filed by the claimant and the

Insurance Company, respectively challenging the judgment

dated 28.02.2013 passed in WCA/NFC/CR No.25/2011 on the file

of

the

Labour

Officer

and

Commissioner

for

Workmen

Compensation,

Bengaluru

(‘the

Commissioner’

for

short)

questioning the quantum of compensation and liability.

2.

The parties are referred to as per their original

rankings before the Commissioner to avoid the confusion and for

the convenience of the Court.

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3.

The

factual

matrix

of

the

case

is

that

the

claimant/injured before the Commissioner claimed that he was

working as a driver with the insured and when he was driving

the insured lorry from Ramanagar to Kanakapura, he applied the

brake in order to avoid the street dog and at that time, due to

the brake failure, the lorry toppled and he sustained injury and

thereafter the same led to amputation of his right hand. It is

also his case that he was paid the wages of Rs.9,000/- per

month and the injury was sustained in the course and arising out

of employment with the insured. The Commissioner after

considering both oral and documentary evidence placed on

record, awarded compensation of Rs.4,16,838/- with interest at

the rate of 12% per annum. Hence, these two appeals are filed

by the claimant/injured and the Insurance Company.

4.

The Insurance Company in M.F.A.No.6388/2013 has

contended that the Commissioner erred in coming to the

conclusion that the claimant was having valid and effective

driving licence to drive the medium goods vehicle, even though

as per the original driving licence produced by him, it is clear

that the claimant was having