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NC: 2026:KHC:6428

MFA No. 4425 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

MISCELLANEOUS FIRST APPEAL NO.4425 OF 2018 (WC)

BETWEEN:

1. UNITED INDIA INSURANCE CO. LTD.,

TUMKUR BRANCH OFFICE,

1ST FLOOR, RAJA COMPLEX,

DR. AMBEDKAR ROAD,

SIRA, TUMKUR

THROUGH ITS REGIONAL OFFICE,

NO.18, 5TH AND 6TH FLOOR,

KRISHIBHAVAN,

HUDSON CIRCLE,

BANGALORE-560 001,

REPRESENTED BY ITS MANAGER.

…APPELLANT

(BY SRI JANARDHAN REDDY, ADVOCATE)

AND:

1. VANAJAKSHI

W/O. LATE GANGADHARA,

AGED ABOUT 28 YEARS,

2. KUMARI B.G. KUSUMA

D/O. LATE GANGADHARA,

AGED ABOUT 8 YEARS,

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NC: 2026:KHC:6428

MFA No. 4425 of 2018

HC-KAR

3. CHI. CHETHAN NAIKA

S/O. LATE GANGADHARA,

AGED ABOUT 4 YEARS,

4. THIPPAMMA

W/O. RAMANNA,

AGED ABOUT 51 YEARS,

5. RAMANNA

S/O. LATE NARASIMHAIAH,

AGED ABOUT 58 YEARS,

RESPONDENT NOS.2 TO 3 ARE MINORS

REPRESENTED BY

N/G MOTHER 1^ST RESPONDENT

ALL ARE R/AT BARATUR

SIRA TALUK,

TUMKUR DISTRICT-572 137.

6. IMTIYAZ ULLA

S/O. ATHAULLA,

MAJOR IN AGE,

KOTE, GARIMAQRANAHATTI

SIRA TOWN,

TUMKUR-572 137.

,

…RESPONDENTS

(BY SRI PATEL D. KAREGOWDA, ADVOCATE FOR R.1 TO R.5;

SRI KANTHARAJAPPA M.G., ADVOCATE FOR R.6.)

THIS MFA IS FILED UNDER SECTION 30(1) OF THE

WORKMENS' COMPENSATION ACT, PRAYING TO CALL FOR THE

RECORDS CONNECTED WITH CASE NO. ECA NO.1/2015 ON

THE FILE OF THE COURT OF THE SENIOR CIVIL JUDGE AND

ADDITIONAL MACT, SIRA, EXAMINE THE SAME AND SET ASIDE

THE JUDGMENT DATED 14.09.2017 IN THE INTEREST OF

JUSTICE.

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NC: 2026:KHC:6428

MFA No. 4425 of 2018

HC-KAR

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 the judgment and award dated 14.09.2017 in

E.C.A No.1/2015 passed by the Senior Civil Judge and

Additional MACT, Sira [hereinafter referred to as the

“Impugned Award”] under Section 30(1) of the Employee's

Compensation Act, 1923 [hereinafter referred to as the

“E.C. Act”]. By the Impugned Award, respondent Nos.1 to

5/claimants were awarded a compensation in a sum of

Rs.9,35,910/- along with interest at the rate of 9% per

annum from the date of filing of petition till its entire

realization.

2. This Court, after briefly hearing the matter on

06.01.2026, had passed the following order:

"1. The challenge by the appellant in the present

appeal is to the award of Rs.9,000/- (Rupees Nine

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NC: 2026:KHC:6428

MFA No. 4425 of 2018

HC-KAR

Thousand) per month in the form of wages to be paid for

calculation of compensation in the award.

2. It is the contention of learned counsel for the

appellant that wages should have been taken at

Rs.8,000/- (Rupees Eight Thousand) per month as per the

Central Government Notification.

3. Learned counsel for the appellant requests for some

time to place the relevant Notification on record.

4. Learned counsel for the respondent submits that he

is entitled to 12% interest and not 9% as is awarded by

the Trial Court in view of Section 4A(3)(a) of the

Employees Compensation Act, 1923.

5. Both the parties requests for some time to make

their submissions in this behalf."

3. Today, learned counsel for the parties, on

instructions, submit that the parties have arrived at a

settlement in the matter. Learned counsel for the

appellant/Insurance Company submits that in terms of the

settlement, the quantum of compensation in the form of

wages may be taken at Rs.8,000/- (Rupees Eight

Thousand) per month instead of Rs.9,000/- (Rupees Nine

Thousand) per month taken by the learned Tribunal.

4. Since the accident happened in the year 2014,

learned counsel for the appellant submits that, relying on

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NC: 2026:KHC:6428

MFA No. 4425 of 2018

HC-KAR

the Government Notification, the wage ceiling was

Rs.8,000/- per month.

5. Learned counsel for the respondents fairly concedes

to the same.

6. On the aspect of interest @ 9% per annum awarded

by the Tribunal, the learned counsel for the respondent

submits that the statutory interest in terms of Se

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