IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 06^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.100731 OF 2016 C/W MFA CROB.NO.100084 OF 2018 IN MFA NO.100731/2016:

BETWEEN:

NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI, DIST: BELAGAVI.

REPRESENTED BY MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, 2^ND FLOOR, ARIHANT PLAZA, KESUGAL ROAD, KESHWAPUR, HUBBALLI.

Digital ly signed …APPELLANT by MOHANKUMAR (BY SRI. M.K. SOUDAGAR, ADVOCATE)

B SHE LAR Location: High AND: Court of Karnataka, Dharwad Bench 1. SMT. KASTURI W/O LATE MARUTI GOUDADI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O: MALLAPUR VILLAGE (PG), TAL: GOKAK, DIST: BELAGAVI.

2. SHRI. UMESH FAKIRAPPA HOSAWAL, AGE: MAJOR, OCC: BUSINESS, R/O: TALLUR VILLAGE, TAL: SAUNDATTI, DIST: BELAGAVI.

…RESPONDENTS (BY SRI. YASH NADAKARNI, ADVOCATE FOR SRI. VITTHAL S. TELI, ADVOCATE FOR C/R1;

SRI. K.H. BAGI, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION

30(1) OF THE EMPLOYEES COMPENSATION ACT, PRAYING TO CALL FOR RECORDS IN CASE ECA NO.1/2014, ON THE FILE OF THE MEMBER ADDL. M.A.C.T AND COMMISSIONER FOR WORKMEN’S COMPENSATION HUKKERI AND SET ASIDE THE JUDGMENT AND ORDER DATED 06.01.2016 BY ALLOWING THIS APPEAL WITH COST AND GRANT SUCH OTHER AND/OR FURTHER RELIEF’S AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA CROB NO.100084/2018:

BETWEEN:

KASTURI W/O LATE MARUTI GOUDADI AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: MALLAPUR(PG), TAL: GOKAK, DSIT: BELAGAVI 591306.

…CROSS OBJECTORS (BY SRI. YASH NADAKARNI, ADVOCATE FOR SRI. VITTHAL S. TELI, ADVOCATE)

AND:

1. UMESH FAKIRAPPA HOSAWAL AGE: MAJOR, OCC: BUSINESS, R/O: TALLUR VILLAGE, TAL: SAUNDATTI, BELAGAVI 591117.

2. THE NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL OFFICE, RAMADEV GALLI, BELAGAVI 590001.

…RESPONDENTS (BY SRI. K.H. BAGI, ADVOCATE FOR R1;

SRI. M.K. SOUDAGAR, ADVOCATE FOR R2)

THIS MFA CROSS OBJECTION IS FILED UNDER ORDER 41 RULE

22 CODE OF CIVIL PROCEDURE 1908, PRAYING THAT THE JUDGMENT [AWARD] DATED 06.01.2016 IN ECA NO.01/2014 PASSED BY THE ADDL. MACT HUKKERI AND COMMISSIONER FOR WORKMEN COMPENSATION, HUKKERI IN AWARDING COMPENSATION OF RS.5,40,000/- WITH 12% FROM THE 30 DAY FROM THE DATE OF ACCIDENT AND MAY BE KINDLY MODIFIED BY ENHANCED AS PRAYED WITH 18% INTEREST, IN THE INTEREST JUSTICE AND EQUITY.

THE MFA AND THE MFA CROSS OBJECTION 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

1. This appeal and cross-objection arise out of the judgment and award dated 06.01.2016 passed by the Member, Addl. M.A.C.T. and Commissioner for Employees’ Compensation, Hukkeri, in ECA No.1/2014, whereby compensation of Rs.5,40,000/- with interest at 12% per annum from one month after the date of accident was awarded in favour of the claimants.

2. The facts leading to the filing of the claim petition are that the deceased Satish Maruti Goudadi, aged about 28 years, was employed as a driver under respondent No.1, the owner of Maruti Swift car bearing registration No. KA-34/M-4244. The said vehicle was admittedly insured with the appellant-Insurance Company and the insurance policy was in force on the date of accident. On the night intervening 26/27.02.2013, while the deceased was driving the insured vehicle in the course of employment and returning from Belagavi towards Ghataprabha, near Rakshi village, the car met with an accident resulting in fatal injuries to the driver, who died on the spot.

3. The claimants, being the dependent legal representatives of the deceased, filed a petition under Section 22 of the Employees’ Compensation Act, 1923, contending that the accident occurred during and in the course of employment and claiming compensation from the employer and insurer. The Commissioner, on appreciati