MFA No. 9391 of 2015 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 6551 OF 2015 (WC)

C/W MISCELLANEOUS FIRST APPEAL NO. 6552 OF 2015 (WC) MISCELLANEOUS FIRST APPEAL NO. 9391 OF 2015 (WC)

IN MFA No. 6551/2015 BETWEEN:

THE ORIENTAL INSURANCE CO LTD REGIONAL OFFICE, NO.44/45, LEO COMPLEX, RESIDENCY ROAD, BANGALORE-560 025, BY ITS DULY CONSTITUTED ATTORNEY …APPELLANT (BY SRI. RAVISHANKAR C R.,ADVOCATE)

Digit ally signed by ANNAPURNA AND:

G

1. SMT SUNANDAMMA Location: HIGH AGED ABOUT 43 YEARS, COURT OF KARNATAKA M/O LATE SOMASHEKAR, 2. SRI RANGASWAMY AGED ABOUT 21 YEARS, B/O LATE SOMASHEKAR, BOTH ARE R/AT C/O MUNIRAMAIAH, MARUTI FARM, AMRUTHNAGAR, MFA No. 9391 of 2015 HC-KAR BELLARY ROAD, BANGALORE

3. SRI T L CHANDAN S/O SRI T.E.LAKSHMANA RAO, AGE MAJOR, OCC: BUSINESS, EKANATHAMMANAPALYA, SIRA GATE, TUMKUR, TUMKUR DISTRICT …RESPONDENTS (BY SRI. SURESH M LATUR FOR R1 & R2;

SRI. SATISH KUMAR, ADVOCATE FOR R3)

THIS MFA FILED U/S 30(1) OF THE WORKMEN COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 8.4.2015 PASSED IN E.C.A NO.317/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-18), PERUSE THE SAME AND SET ASIDE/ MODIFY THE JUDGMENT AND ORDER DATED 08.04.2015 AND EXANERATE THE LIABILITY TO PAY COMPENSATION FIXED ON THE APPELLANT INSURANCE COMPANY.

IN MFA NO. 6552/2015 BETWEEN:

THE ORIENTAL INSURANCE CO LTD REGIONAL OFFICE, NO.44/45, LEO COMPLEX, RESIDENCY ROAD, BANGALORE-560 025, BY ITS DULY CONSTITUTED ATTORNEY, ...APPELLANT (BY SRI. RAVISHANKAR C R.,ADVOCATE)

AND:

1. SRI MANJUNATHA AGED ABOUT 33 YEARS, S/O SRI HANUMANTHAPPA, MFA No. 9391 of 2015 HC-KAR R/AT C/O MUNIRAMAIAH, MARUTI FARM, AMRUTHNAGAR, BELLARY ROAD, BANGALORE

2. SRI T L CHANDAN S/O SRI T E LAKSHMANA RAO, AGE MAJOR, OCC: BUSINESS, EKANATHAMMANAPALYA, SIRA GATE TUMKUR TUMKUR DISTRICT ...RESPONDENTS (BY SRI. SURESH M LATUR.,ADVOCATE FOR R1)

THIS MFA FILED U/S 30(1) OF THE WORKMEN COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 8.4.2015 PASSED IN E.C.A NO.318/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU (SCCH-18), PERUSE THE SAME AND SET ASIDE/ MODIFY THE JUDGMENT AND ORDER DATED 08.04.2015 AND EXANERATE THE LIABILITY TO PAY COMPENSATION FIXED ON THE APPELLANT INSURANCE COMPANY.

IN MFA NO. 9391/2015 BETWEEN:

SRI. MANJUNATHA S/O.SRI.HANUMANTHAPPA, AGED ABOUT 26 YEARS, OCC:LOADER & UNLOADER IN LORRY R/AT, C/O.MUNIRAMAIAH, MARUTHI FARM, AMRUTHNAGAR, BELLARY ROAD, BANGALORE. ...APPELLANT (BY SRI. SURESH M LATUR.,ADVOCATE)

MFA No. 9391 of 2015 HC-KAR AND:

1. SRI. T.L. CHANDAN S/O.T.E.LAKSHMANA RAO, AGE:MAJOR, OCC:BUSINESS, EKANATHAMMANAPALYA, SIRA GATE, TUMKUR- 572 101 2. THE REGIONAL MANAGER THE ORIENTAL INSURANCE CO.LTD., NO.44/45, LEO COMPLEX, RESIDENCY ROAD, BENGALURU- 560 025.

...RESPONDENTS (BY SRI. C R RAVISHANAKAR., ADVOCATE FOR R2 V/O DTD-13.08.21, NOTICE TO R1 IS D/W)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.04.2015 PASSED IN MVC NO.318/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, MACT, BANGALORE, ALLOW THE APPEAL BY ENHANCING OF COMPENSATION OF RS. 9,15,250/- WITH 12% INTEREST PER ANNUM.

THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL COMMON JUDGMENT These appeals arise out of judgment and award dated 8^th April 2015, passed by the III Addl.Senior Civil Judge, & M.A.C.T., Benglauru, (SCCH-18) and Commissioner under Employee Compensation Act 1923, MFA No. 9391 of 2015 HC-KAR (for short 'The Commissioner'), in ECA.Nos.317 and 318 of 2014, filed under Section 22 of the Employee's Compensation act, 1923 (for short, `E.C.Act'). MFA.No.6551/2015 and MFA.No.6552/2015 are filed by the Insurance Company and MFA.No.9391/2015 is filed by the claimant.

All the appeals arise out of common judgment and award, therefore they are tak