HIGH COURT OF KARNATAKA
THE NEW INDIA ASSURANCE CO. LTD., – Appellant
Versus
SRI. D. ERANNA S/O DASAPPA – Respondent
MFA/23790/2010
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22ND 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