IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^STDAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.3533 OF 2018 (WC)

BETWEEN:

SBI GENERAL INSURANCE COMPANY LTD., GROUND & FIRST FLOOR, RUKMINI TOWERS, 3-1, PLATFORM ROAD/ RAILWAY APPROACH ROAD, SHESHADRIPURAM, BANGALORE – 560020. REP BY ITS MANAGER.

…APPELLANT (BY SRI. PRADEEP B., ADVOCATE)

AND:

1. MR. MANJUNATH N, S/O NANJAPPA, NOW AGED ABOUT 30 YEARS, NO.14, MELINAJUGANAHALLI, SRI. SUBRAMANYA GHATI, BENGALURU RURAL DIST.

PIN – 561203.

2. MR. SANJAY RAMESH SACHDEV NO.27, GIRI SCHOOL STREET, SHESHADRIPURAM, BENGALURU – 560020.

…RESPONDENTS (R1 IS SERVED;

VIDE ORDER DATED 22.02.2024, SERVICE OF NOTICE TO R2 IS HELD SUFFICIENT)

THIS MFA IS FILED UNDER SECTION 30(1) OF WORKMEN'S COMPENSATION ACT, PRAYING TO SET ASIDE THE ORDER DATED 22/01/2018 PASSED IN E.C.A.NO.135/2015, BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL AT BANGALORE (SCCH-11), AWARDING COMPENSATION TO THE PETITIONER / RESPONDENT NO.1 HEREIN, IN A SUM OF RS.3,49,290/- WITH INTEREST AT 6% FROM THE DATE OF ACCIDENT, BY ALLOWING THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

1. The present appeal has been filed seeking to challenge an order dated 22.01.2018 in E.C.A.No.135/2015 passed by the Motor Accident Claims Tribunal at Bangalore (hereinafter referred to as the “Impugned Award”). By the Impugned Award, the learned Tribunal has awarded a sum of Rs.3,49,290/- along with interest at 6% p.a. in a petition filed under Section 22(1) of the Workmen's Compensation Act, 1923 (hereinafter referred to as the “the W.C.Act”).

2. None appears for the respondents despite service.

3. The learned counsel for the appellant/Insurance Company places one ground of challenge in the present appeal. He submits that there was no relationship of employer and employee between the respondent No.1/claimant and respondent No.2/owner. He submits that in this regard he is relying upon the written statement as filed by the respondent No.2/owner.

4. The brief facts of the case are that the respondent No.2 is the owner of a Toyota Innova Car bearing registration No.KA- 04-MJ-5695 which was duly insured by the appellant and that on 10.03.2015 at around midnight while the respondent No.1/claimant was driving the car from Devanahalli towards Bengaluru, the respondent No.1/claimant hit a Petrol Tanker bearing registration No.AP-03-TA-6046 wrongly parked in the middle of the road. As a result of the accident, the respondent No.1/claimant sustained grievous injuries.

4.1. It is the case of the appellant/Insurance Company that the respondent No.1/claimant was aged 27 years and employed with respondent No.2/owner. He had a valid driving licence and was working as a driver at a salary of Rs.10,000/- per month.

The respondent No.1/claimant suffered severe injuries and was hospitalized for a period from 11.03.2015 to 21.03.2015. Thus, the claim petition was filed under Section 22(1) of the W.C.Act. 4.2. The case was contested by the appellant/Insurance Company and respondent No.2/owner. Both of them denied the averments in the petition. However, the insurance policy was not denied by the appellant/Insurance Company. It was also not disputed that there was any violation of the terms of the policy.

4.3. However, the respondent No.2/owner had stated that there was no relationship of employer-employee.

4.4. The learned Trial Court framed the following issues:

“1) Whether the petitioner proves that he has sustained grievous injuries as mentioned in wound certificate, in a road traffic accident on 10.03.2015 at midnight 12.00 during the course of employment when he was driving the car bearing Regn.No.KA-04-MJ-5695, dashed against the Tanker bearing Reg.No.AP-03-TA-6046 which was wrongly parked in the middle of the road without giving any indication near Birasnadra gate, near Bair