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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 16^TH DAY OF DECEMBER, 2020

BEFORE

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

MFA No.102703/2015 c/w MFA No.24645/2012 (WC)

MFA No.102703/2015

BETWEEN

SANGAYYA S/O SIDDARAMAYYA

AGED ABOUT 42 YEARS

OCC : CONTRACTOR

R/O : PLOT NO.48,

GANESH NAGAR,BARE HILLA,

RING ROAD,GULBARGA

...APPELLANT

(BY SRI GANAPATI M BHAT, ADVOCATE)

AND

1 . SMT. MALA @ NIRMALA

W/O MANJUNATH DODDAMANI

MAJOR, R/O : HATTIMATTUR,

TQ : SAVANUR,

DIST : HAVERI.

2 . SRI ATMANAND

S/O MANJUNATH DODDAMANI

SINCE MINOR REPRESNTED BY MINOR GUARDIAN

SMT. MALA @ NIRMALA W/O MANJUNATH DODDAMANI

R/O : HATTIMATTUR,

TQ : SAVANUR,

DIST : HAVERI.

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3 . SMT. NEELAVVA

W/O NEELAKANTAPPA DODDAMANI

MAJOR,R/O : HATTIMATTUR,

TQ : SAVANUR,

DIST : HAVERI.

4 . SRI. NEELAKANTAPPA

S/O BASAPPA DODDAMANI

MAJOR,

R/O : HATTIMATTUR,

TQ : SAVANUR,

DIST : HAVERI.

5 . THE ASSISTANT EXECUTIVE ENGINEER

O AND M SUB-DIVISION,

HESCOM

(HAVERI SUB-DIVISION)

SAVANUR

DIST : HAVERI

...RESPONDENTS

(BY SRI N.P. VIVEKMEHTA, ADVOCATE FRO R1 TO R4

SRI G.I. GACHCHINMATH ADVOCATE OFR R5)

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

EMPLOYEES COMPENSATION ACT 1923, AGAINST THE

JUDGMENT AND AWARD DATED 10.11.2011 PASSED IN

WCA/F.89/2008 ON THE FILE OF THE LABOUR OFFICER

AND COMMISSIONER FOR WORKMEN’S COMPENSATION,

HAVERI

AWARDING

THE

COMPENSATION

OF

RS.4,23,580/- WITH INTEREST AT THE RATE OF 12% P.A.

WITHIN 30 DAYS FROM THE DATE OF PETITION TILL ITS

DEPOSIT.

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MFA NO.24645/2015

BETWEEN

THE ASSISTANT EXECUTIVE ENGINEER

O and M SUB-DIVISION,

HESCOM

(HAVERI SUB-DIVISION)

SAVANUR

DIST : HAVERI

.APPELLANT

(BY SRI G I GACHCHINAMATH AND SRI OMKAR S UTTURE

ADVOCATES )

AND

1 . SMT. MALA @ NIRMALA

W/O MANJUNATH DODDAMANI

MAJOR, R/O : HATTIMATTUR,

TQ : SAVANUR,

DIST : HAVERI.

2 . SRI ATMANAND

S/O MANJUNATH DODDAMANI

SINCE MINOR REPRESNTED BY MINOR GUARDIAN

SMT. MALA @ NIRMALA W/O MANJUNATH DODDAMANI

R/O : HATTIMATTUR,

TQ : SAVANUR,

DIST : HAVERI.

3 . SMT. NEELAVVA

W/O NEELAKANTAPPA DODDAMANI

MAJOR,R/O : HATTIMATTUR,

TQ : SAVANUR,

DIST : HAVERI.

4 . SRI. NEELAKANTAPPA

S/O BASAPPA DODDAMANI

MAJOR,

R/O : HATTIMATTUR,

4

TQ : SAVANUR,

DIST : HAVERI.

5 . SRI. SANGAYYA

S/O SIDDARAMAIAH

R/O PLOT NO.48,

GANESH NAGAR,

BAREYS HILL,

RING ROAD, GULBARGA,

DIST: GULBARGA.

.... RESPONDENTS

(BY SRI N.P. VIVEK MEHTA ADVOCATE FOR R1-4

R2 IS MINOR REP. BY R1; SRI GANAPATI M. BHAT ADV.

FOR R5)

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

EMPLOYEES COMPENSATION ACT 1923, AGAINST THE

JUDGMENT AND AWARD DATED 10.11.2011 PASSED IN

WCA/F.89/2008 ON THE FILE OF THE LABOUR OFFICER

AND COMMISSIONER FOR WORKMEN’S COMPENSATION,

HAVERI

AWARDING

THE

COMPENSATION

OF

RS.4,23,580/- WITH INTEREST AT THE RATE OF 12% P.A.

WITHIN 30 DAYS FROM THE DATE OF PETITION TILL ITS

DEPOSIT.

THESE MFAS COMING ON FOR HEARING, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

These appeals are filed against the judgment and

order dated 10.11.2011 passed by the Commissioner for

Workmen’s Compensation and Labour Officer, Haveri

(for short `WCC’) in WCA/F.89/2008.

2.

On 06.05.2007, one Manjunath who was

working as a line operator on contract basis in the

K.E.B. at Hattimattur Village range, succumbed to the

accidental injuries because of electrocution. His legal

representatives filed the claim petition under Section 22

of the Workmens’ Compensation Act to award just and

proper compensation.

3.

The

WCC

awarded

compensation

of

Rs.4,23,580/- with interest at the rate of 12% p.a. from

30 days from the date of accident till its realization. The

contractor as well as the employer were held jointly and

severally liable to pay compensation amount of

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Rs.4,23,580/-. However, the Contractor as well as the

emplo