IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 5634 OF 2019 (ECA)

BETWEEN:

1. SMT. MEHAK NAAZ SUDARJI W/O LATE TANVEER AHAMED SUDARJI AGED ABOUT 30 YEARS, 2. KUM ARFA ANJUM D/O LATE TANVEER AHAMED SUDARJI AGED ABOUT 7 YEARS

3. SMT. FAIZUNNISA SUDARJI W/O MOHAMMED FAROOK SUDARJI AGED ABOUT 60 YEARS

4. MOHAMMED FAROOK SUDARJI S/O LATE BABA SAB SUDARJI AGED ABOUT 70 YEARS

5. KUM TAINAZ ANJUM SUDARJI D/O LATE TANVEER AHAMED SUDARJI AGED ABOUT 2 YEARS SINCE THE APPELLANT NO.2 AND 5 ARE MINORS WHO ARE REPRESENTED THROUGH THEIR MOTHER I.E. APPELLANT NO.1 ALL ARE RESIDENTS OF 2^ND CROSS, NEKAR NAGAR ROAD, KALMESHWAR NAGAR, OLD HUBBALLI-580024.

…APPELLANTS (BY SRI. SREE HARSHA A.K., ADVOCATE)

AND:

1. UNITED INDIA INSURANCE CO. LTD., REP BY ITS DIVISIONAL MANAGER AKKAMAHADEVI ROAD, P J EXTENSION DAVANAGERE-577 002. 2. H.C. NAGARAJAIAH S/O CHIKKA BYRAIAH MAJOR PROP. SEABIRD TOURIST CENTRE, OWNER OF BUS BEARING REG. NO.

KA01/AB/3209 R/O NO.24, ANANATHA ARCADE A V ROAD KALASIPALAYAM BANGALORE-560 002.

…RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R-1;

V/O DT:13.11.2019, NOTICE TO R-2 IS D/W)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 30(1)

OF THE EMPLOYEES COMPENSATION ACT, 1923 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 02-06-2018 PASSED BY III ADDL. SENIOR CIVIL JUDGE & MACT-VII AT DAVANGERE IN E.C.A.NO.5/2017, BY ALLOWING THIS APPEAL THEREBY ENHANCING THE COMPENSATION IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 25.10.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV JUDGMENT

The present appeal is filed by the claimant under Section 30(1) of the Employees Compensation Act, 1923 (hereinafter referred to as “the ECA Act” for short) against the judgment and award dated 02.06.2018 passed by III Addl. Senior Civil Judge & MACT-VII at Davangere (hereinafter referred to as “the Commissioner”), seeking enhancement of compensation awarded by the Commissioner.

2. The facts leading to the filing of this appeal are as follows:

The appellant/claimant is the deceased, Tanveer Ahamed Sudarji, was working as a driver for Respondent No. 1 and earning a monthly salary of Rs.15,000/- plus batta. On 21.12.2016, he died in a road traffic accident while driving the employer's bus bearing No.KA-01/ AB-3209 near Anagodu village, which occurred in the course of and out of his employment, resulting in his death. Consequently, the appellant filed Claim Petition ECA.No.5/2017 seeking compensation of Rs.25,00,000/- with interest at 12% p.a., against respondent No.1-

owner, and respondent no.2-insurer of the said vehicle.

3. Upon issuance of notice and substituted service through paper publication, respondent No.1 failed to appear and was placed ex-parte. The respondent No.2 filed a written statement denying liability while admitting insurance coverage at the relevant time, contending that the deceased did not possess a valid driving licence to ride bus bearing No.KA-01/AB-3209.

4. It is contended by the learned counsel for the appellant that considering the income of Rs.15,000/- per month and Rs.150/- daily as batta, which comes to nearly Rs.19,500/- per month, the Commissioner had determined the compensation contrary to the material on record and by giving the benefits under the new Employment compensation amendment Act, 2010 by taking the income of the deceased at Rs.8,000/-.

5. The Commissioner by its judgment and award dated 02.06.2018, accepted the contention of respondent No.2 and exonerated the insurer and fastened the liability upon the owner who remained ex-parte, awarding a meager sum of Rs.13,02,000/- with 12% interest per annum, without applying the new benefits in the Amendment Act, 2010. It is further observed by the Commissioner that the deceased was 34 years old as on date of accident and factor 199.40 is app