IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.103486 OF 2018 (WC)

BETWEEN:

THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., MELLIGERI COMPLEX, BAGALKOT.

NOW REPRESENTED BY ITS AUTHORIZED OFFICER, RESP.NO.3.

…APPELLANT (BY SRI. SURESH S. GUNDI, ADVOCATE)

AND:

1. SABU S/O JOSEPH Digital ly signed AGE: 47 YEARS, by MOHANKUMAR OCC: MECHANICAL LABOUR (NOW NIL), B SHE LAR R/O: NEHRU NAGAR, BELAGAVI-590010.

Location: High Court of Karnataka, Dharwad Bench 2. SHRIKANT S/O SHANKREPPA MIRJI AGE: 44 YEARS, OCC: CONTRACTOR, R/O: HOSUR-587117, TQ/DIST: VIJAYAPURA.

3. THE MANAGING DIRECTOR, NANDI SUGAR CO-OP SOCIETY LTD., KRISHNA NAGAR, R/O: HOSUR-587117, TQ/DIST: VIJAYAPURA.

…RESPONDENTS (BY SRI. S.B. NAIK, ADVOCATE FOR R1 (ABSENT);

R2 & R3-SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION

30(1) OF THE EMPLOYEES COMPENSATION ACT, PRAYING TO SET ASIDE/MODIFY THE JUDGMENT DATED 03.08.2018 PASSED IN ECA 96/2014 ON THE FILE OF THE MEMBER MACT NO.III BAGALKOT & ETC.

THIS MFA HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 30.01.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:’

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

CAV JUDGMENT

The present appeal is filed by the Insurance Company under Section 30(1) of the Employees Compensation Act, 1923 (hereinafter referred to as "the EC Act" for short) to modify the judgment and award dated 03.08.2018, in ECA No.96/2014 on the file of the M.A.C.T. No.III, Bagalkot (hereinafter referred to as "the Commissioner" for short).

2. The appellant-Insurance Company herein is respondent No.3, respondent No.1 herein is the claimant and respondent Nos.2 and 3 herein are respondents No.1 and 2 before the Commissioner.

3. For convenience, the parties herein are referred to as per their rankings before the Commissioner.

4. The claimant filed claim petition under Section 22 of the EC Act against the respondents claiming compensation of Rs.7,50,000/- with interest at the rate of 18% per annum with cost till the date of realization of award amount.

5. The brief facts of the case are that:-

The petitioner/claimant was employed as a helper under respondent No.1, a contractor engaged with respondent No.2 factory, and was earning wages of Rs.500/- per day. At the time of the incident, the claimant was aged about 43 years and was hale and healthy.

On 08.08.2014, while discharging his duties as a mechanical labourer on the upper roof of the factory premises as per the directions of respondents No.1 and 2, at about 5.00 PM, the claimant slipped and fell, resulting in grievous injuries to both his legs. He was immediately provided first aid at the hospital of respondent No.2 factory, thereafter referred to Galagali Primary Health Center, and subsequently to Sai Adhar Hospital, Mudhol, where he underwent surgery involving insertion of rod and screws. He remained admitted as an inpatient for about 30 days, incurred medical expenses of approximately Rs.2,00,000/-, and continues to take treatment as an outpatient.

The claimant further states that due to the injuries sustained in the accident, he has suffered permanent disability, resulting in total loss of earning capacity. He was the sole breadwinner of his family and sustained the injuries without any fault on his part, leading to severe financial, physical, and mental hardship. Respondents No.1 and 2, having knowledge of the incident, visited him in the hospital and assured payment of medical expenses and compensation. However, they failed to honor the said assurance. Consequently, the claimant issued a legal notice on 26.09.2014 to respondents No.1 and 2 demanding compensation, which was duly served.

Respondent No.1, in reply, admitted the employment and contended that he had insured the risk with respondent No.3, while denying liability to pay compensation. The claimant asserts that the accident occurred during the course and out of em