IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 22^ND DAY OF JULY 2021

BEFORE

THE HON’BLE MR. JUSTICE P. KRISHNA BHAT

MFA NO.23790 OF 2010 (WC)

C/W

MFA NO.23792 OF 2010

MFA NO.23790 OF 2010

BETWEEN

THE NEW INDIA ASSURANCE COMPANY LIMITED,

BY ITS BRANCH MANAGER, BELLARY,

REPRESENTED BY REGIONAL MANAGER,

REGIONAL OFFICE, II FLOOR,

SRINATH COMPLEX, NEW COTTON MARKET,

HUBLI – 580029.

...APPELLANT

(BY SRI. G N RAICHUR, ADV., FOR SRI. ANJANEYA M. ADV.,)

AND

1.

SRI. D. ERANNA S/O DASAPPA,

AGE: MAJOR, OCC: EX-LOADER,

R/O: BANDIMOT, BANGALORE ROAD,

BELALRY, DIST: BELLARY

2.

K BHARATESH S/O KRISHNAPPA,

AGE: MAJOR, OCC: OWNER OF LUGGAGE

AUTO NO. KA-16/A-3949,

R/O: M.D. KOTE POST,

TQ. HIRIYUR, DIST. CHITRADURGA.

…RESPONDENTS

(R1-SERVICE HELD SUFFICENT;

R2- NOTICE SERVED BUT UNREPRESENTED)

2

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

COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT

AND AWARD DATED 30.07.2010 PASSED IN WC/CR.NO.330/2007 BY

THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN’S

COMPENSATION, SUB DIVISION-II, BELLARY BY ALLOWING THIS

APPEAL.

IN MFA NO.23792 OF 2010

BETWEEN

THE NEW INDIA ASSURANCE COMPANY LIMITED,

BY ITS BRANCH MANAGER, BELLARY,

REPRESENTED BY REGIONAL MANAGER,

REGIONAL OFFICE, II FLOOR,

SRINATH COMPLEX, NEW COTTON MARKET,

HUBLI – 580029.

...APPELLANT

(BY SRI. G N RAICHUR, ADV.,)

AND

1.

SRI. D. RAGHAVENDRA S/O. ERANNA

AGE: MAJOR, OCC: EX-LOADER,

R/O: BANDIMOT, BANGALORE ROAD,

BELALRY, DIST: BELLARY

2.

K BHARATESH S/O KRISHNAPPA,

AGE: MAJOR, OCC: OWNER OF LUGGAGE

AUTO NO. KA-16/A-3949,

R/O: M.D. KOTE POST,

TQ. HIRIYUR, DIST. CHITRADURGA.

…RESPONDENTS

(R1-SERVICE HELD SUFFICENT;

R2- NOTICE SERVED BUT UNREPRESENTED)

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

COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT

AND AWARD DATED 30.07.2010 PASSED IN WC/CR.NO.329/2007 BY

THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN’S

COMPENSATION, SUB DIVISION-II, BELLARY BY ALLOWING THIS

APPEAL.

3

THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

COMMON JUDGMENT

These appeals are at the instance of insurer calling in

question the award dated 30.07.2010 in WC/CR.Nos.329/2007

and 330/2007 passed by the learned Labour Officer and

Commissioner for Workmen’s Compensation, Sub-Division II,

Bellary (for short “the Commissioner”).

2.

Brief facts are that claimant-Raghavendra was

working as driver and claimant-D.Eranna was working as hamali

in luggage auto bearing registration No.KA-16/A-3949 owned by

respondent No.1-K.Bharatesh and insured with the appellant

herein. It is stated that on 10.12.2006, while claimants were

proceeding in the luggage auto as per the instructions of

respondent No.1 for loading coconuts in Maddankunte and

unloading the same at Hiriyur and at that time accident took

place resulting in grievous injuries to the claimants. In

connection with the accident, a case in Crime No.572/2006 was

registered in Hiriyur police station.

4

3.

Respondent No.1 remained exparte before the

learned Commissioner. Appellant filed a detailed

written

statement denying the material averments made in the claim

petition.

4.

Claimants examined themselves as PW1 and PW2

and examined a qualified medical practitioner Dr.Dinesh Gudi as

PW3. Ex.P1 to Ex.P11 were marked. Appellant examined one of

its officials as RW1 and Ex.R2(1) was marked.

5.

Learned Commissioner, upon examination of the

materials produced and the evidence let in, answered the points

arising for consideration in favour of the claimants and awarded

compensation of Rs.1,82,204/- to claimant-Raghavendra and

Rs.1,31,027/- to claimant-D.Eranna with interest thereon at

12% per annum.

6.

Learned

counsel

appearing

for

the

insurance

company vehemently contended that the claimant-Raghavendra

has not established that he h