K. NARASIMULU S/O. K.KONDANNA vs THE CHIEF ENGINEER

Court
Karnataka High Court

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MFA No. 102897 of 2022


CNR: KAHC020192902021



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 27 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MRS JUSTICE K.G.SHANTHI

MISCELLANEOUS FIRST APPEAL NO. 102897 OF 2022 (ECA -)

BETWEEN:


K. NARASIMULU
S/O. K. KONDANNA,
AGE: 44 YEARS,
OCC: LABOUR WORK,
R/O: MANIKONDA,
MEHABOOB NAGAR,
ANDRAPRADESH NOW AT KOPPAL

…APPELLANT
(BY SRI. M. AMAREGOUDA, ADVOCATE)

AND:









1. THE CHIEF ENGINEER,
KARNATAKA HEALTH SYSTEM
DEVELOPMENT AND REFORM PROJECT,
PHI BUILDING,
ST
1 FLOOR,
SHESHADRI ROAD,
BENGALURU-560001

2. M/S. KMV PROJECTS LTD.,
#8-2-948/949, LEVEL 4,
SOLITAIRE PLAZA,
BESIDE IMAGE HOSPITAL
AMEERPET,
HYDERABAD-500073.

3. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
S.B.I. UPSTAIRS,

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PRIYADARSHINI HOTEL,
BESIDES, STATION ROAD,
HOSAPETE-583201.
…RESPONDENTS

(BY SMT. ARUNA DESHPANDE, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 DISPENSED WITH V/O/DATED 22.03.2023)

THIS MFA IS FILED UNDER SECTION 30(1) OF THE
EMPLOYEES COMPENSATION ACT, 1923 PRAYING TO ALLOW THE
JUDGMENT DATED 24.09.2019 PASSED BEFORE IN THE COURT OF
THE SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES
COMPENSATION AT KOPPAL IN ECA NO.12/2016 AND ENHANCE THE
COMPENSATION AS CLAIMED IN THE ABOVE APPEAL, IN THE
INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE K.G.SHANTHI

ORAL JUDGMENT

Aggrieved by the Judgment and award dated
24.09.2019 in ECA No.12/2016 passed by the Senior Civil
Judge and Commissioner For Employees Compensation at
Digitally Signed by KADAMBADI
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MFA No. 102897 of 2022


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1
Koppal , the petitioner before the Commissioner filed this
appeal seeking enhancement of compensation.

2. Parties are hereinafter referred to as per their
ranks before the Commissioner for the sake of convenience.

3. Brief facts of the case are that on 27.05.2015 at
about 5:30 p.m, the petitioner along with other co-workers
were doing the labour work, one Srinivas Rao who is the
supervisor of the construction work called the petitioner and
other labours to unload the marbles from the Lorry bearing
2
registration No. RJ-16/GA-1779 . Balayya and Venkateshwar
Rao, who are the labour contractor and building contractor
respectively were not provided the safety materials to the
labours i.e., boot, helmet, guards gloves and other safety
measures and as per directions while unloading the marbles
from the lorry, suddenly marble fell down on the left leg of
the petitioner. Due to the said impact, the petitioner crushed
and he was shifted to the hospital.

1
For short, ‘the Commissioner’
2
For short, ‘the lorry’
Digitally Signed by KADAMBADI
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4. Prior to the incident, the petitioner was working
as a labour and earning Rs.8,500/- per month and he was
the only earning member of the family. Due to the said
incident, the petitioner has been removed from service by
the respondents and became unemployed and the entire
family has put to starvation. The petitioner has spent huge
amount towards medical expenses. Accordingly, he filed a
claim petition claiming compensation before the
Commissioner.

5. After filing of the petition, notices have been
issued to the respondents. They have appeared through their
counsel. Respondents No. 2 and 3 have filed their written
statement objections.

6. Respondent No.2 denied the entire case of the
petitioner and contended that he is a contractor under
respondent No.1, who is the principal employer at the time
of incident, it is true that the petitioner was working as a
labour under respondent No.2, from five months prior to the
alleged incident, it is false that the petitioner was getting
Digitally Signed by KADAMBADI
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Rs.8,500/- per month as a wages, but he was getting wages
of Rs.200/- per day; the petitioner got injuries by his own
negligence; if the Court come to the conclusion that the
petitioner is entitled for compensation it is to be shifted on
respondent No.3 with whom respondent No.2 has got
insurance policy for his employees and the policy was valid
at the time of incident. Accordingly, prayed for dismissal of
the claim petition.

7. Respondent No.3 denied the entire case of the
petitioner and also denied the age, salary, occupation of the
petitioner and contended that claim is very excessive,
exorbitant; if the Court come to the conclusion that the
claimant is entitled for compensation, under such an event,
respondents No.1 and 2, who are the employers are only
held responsible to pay the same as respondent No.2
violated the terms and conditions of the policy. Accordingly,
prayed for dismissal of the clam petition.

8. Before the Commissioner, the petitioner himself
examined as PW1 and got marked the documents as Exs.P.1
Digitally Signed by KADAMBADI
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to P.8. On behalf of respondents, one witness has been
examined as RW1 and got marked the documents as Exs.R1
to R3.

9. On hearing the arguments, the Commissioner
allowed the claim petition in part and awarded compensation
of Rs.5,89,550/- along with interest at the rate of 9% per
annum from the date of petition till realisation and directed
the respondent No.3 to pay the compensation within a period
of 30 days from the date of order.

10. Dissatisfied with the quantum of compensation,
the petitioner preferred this appeal.

11. Learned counsel for the petitioner argued that the
interest awarded by the Commissioner on compensation
amount at the rate of 9% per annum is unjustifiable and it is
to be enhanced, the accident occurred in the year 2015, as
per notional income chart, the income of the petitioner
should be assessed at Rs.8,000 per month.
Digitally Signed by KADAMBADI
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12. Learned counsel for the respondent
No.3/Insurance Company submitted that the petitioner
himself has admitted that he was getting a salary of
Rs.234/- per day.

13. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:

(i) Whether the petitioner proves that the
rate of interest awarded on
compensation amount by the
Commissioner is deserve to be
modified?

(ii) Whether the petitioner proves that the
monthly income of the petitioner taken
by the Commissioner is deserve to be
modified?

(iii) Whether the petitioner proves that the
compensation awarded by the
Commissioner is inadequate and
deserves to be modified?

(iv) What order?
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14. Points framed by this Court for consideration are
answered as follows:
Point No.(i) : In the affirmative.
Point No.(ii) : In the negative.
Point No.(iii) : In the negative.
Point No.(iv) : As per the final order, for the
following:

15. Regarding Point No.(i): This appeal is filed
only on limited issue with respect to the rate of interest
awarded on compensation amount is concerned. The
Commissioner has awarded 9% interest on the compensation
amount of Rs.5,89,550/-.

16. On looking into the evidence, this Court is of the
opinion that the petitioner is entitled for compensation of
Rs.5,89,550/- along with interest at the rate of 12% per
annum from the date of petition till realization. Irrespective
of the contract regarding payment of interest, it is the duty
of employer to pay the interest on compensation.
Digitally Signed by KADAMBADI
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17. Accordingly, point No.(i) is answered in the
affirmative.

18. Regarding point No.(ii): Ex.R1 is the extract of
register of wages produced by the respondents. It indicates
that the petitioner was getting a wage of Rs.234/- per day.
The relevant portion in Ex.R1 is marked as Ex.R1(a) and
Ex.R2 is the extract of master roll produced by the
respondents, and the relevant portion is marked as Ex.R2(a).

19. Looking into the documents produced by the
respondents, this Court is of the opinion that, the petitioner
cannot claim more wages beyond what he was receiving at
the time of accident. The Tribunal has rightly taken the
wages of the petitioner at Rs.234/- per day.

20. Accordingly, point No.(ii) is answered in the
negative .

21. Regarding point No.(iii): As on the date of
accident, there is policy coverage. The relevant document is
marked as Ex.P7 and the policy is valid from 19.03.2015 to
Digitally Signed by KADAMBADI
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18.09.2015. The incident occurred on 27.05.2015. So, as on
the date of accident, the lorry was covered with insurance.

22. Considering the facts and circumstances of the
case, this Court is of opinion that the Tribunal has rightly
awarded compensation of Rs.5,89,550/- . However, it is just
and reasonable to award interest at the rate of 12% per
annum on the compensation amount.

23. Accordingly, point No.(iii) is answered in the
negative.

24. Regarding point No.(iv) : In view of the
findings on points No.(i) to (iii), this Court proceeds to pass
the following:
ORDER

(i) The appeal is allowed in part.

(ii) The impugned judgment and award
passed by the Tribunal is modified. The
petitioner is entitled to receive
compensation of Rs.5,89,550/- along
with interest at the rate of 12% per
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annum from the date of petition till
realization of amount.

(iii) Respondent No.3/Insurance Company
shall deposit the compensation with
accrued interest before the Tribunal within
a period of six weeks from the date of
receipt of certified copy of this judgment.

(iv) Draw modified award accordingly.

(v) Registry to transmit the Trial Court
Records forthwith.

(vi) In view of disposal of this appeal, pending
applications, if any, do not survive for
consideration and the same are
accordingly disposed of.




(K.G.SHANTHI)
JUDGE

SMM
List No.: 1 Sl No.: 34

Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026