Karnataka High Court
Prema W/O Late Shivaraj vs Revansiddayya Swamy on 28 July, 2014
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA,
GULBARGA BENCH
DATED THIS THE 28TH DAY OF JULY, 2014
BEFORE
THE HON'BLE MR.JUSTICE ANAND BYRAREDDY
MISCELLANEOUS FIRST APPEAL NO. 30764/2009 (WC)
C/W
MISCELLANEOUS FIRST APPEAL NO.30917/2009 (WC)
MFA 30764/2009
BETWEEN:
1. Prema W/o Late Shivaraja
Age: 25 years, Occupation: Household,
2. Bhagyashree D/o Late Shivaraja
Age: 04 years, Occupation: Nil,
Petitioner No.2 is minor under guardianship
of her natural mother petitioner no.1.
Both are residents of
Bhavi Nagar, Gulbarga.
... APPELLANTS
(Shri S.G. Patil Okaly, Advocate)
AND:
1. Revansiddayya Swamy
Age: Major, Occupation: Owner of Lorry
2
R/o Hunsgera
Taluka: Humnabad
District: Bidar.
2. The Manager
ICICI, Lombordo General Insurance Company,
Court Road, Near Timmapuri Circle,
Gulbarga.
... RESPONDENTS
( Shri C.S. Kalburgi, Advocate for respondent-2
Notice to respondent-1 dispensed with
vide order dated 04.2.2010)
This Miscellaneous First Appeal is filed under Section 30
(1) of the Workmen's Compensation Act, 1923 against the
Judgement and Award dated 26.02.2009 passed in WCA No.
101/2007 on the file of the Labour Officer and Commissioner
for Workmen's Compensation at Gulbarga, partly allowing the
claim the petition and seeking enhancement of compensation.
MFA 30917/2009
BETWEEN:
The Manager
ICICI, Lombordo General Insurance Company Limited
Gulbarga now represented by
The Manager Legal ICICI Lombard
General Insurance Company Limited
II Floor Bellad and Company Gokul Road,
Hubli.
... APPELLANT
(Shri C.S. Kalburgi, Advocate)
3
AND:
1. Prema W/o Late Shivraj
Aged: 25 years, Occupation: Household,
2. Bhagyashree D/o Late Shivraj
Age: 03 years,
The respondent No.2 is minor
Represented by Respondent No.1 natural
Mother in the court below.
Both R/o Bhavani Nagar, Gulbarga.
3. Revansiddayya Swamy
Owner of Lorry Transport
R/o Hanchgera,
Taluka: Humnabad,
District: Bidar.
... RESPONDENTS
( Shri D.T. Kamble, Advocate for respondent-3
Shri S.G. Patil, Okaly, Advocate for respondent-1 and 2)
This Miscellaneous First Appeal is filed under Section 30
(1) of the Workmen's Compensation Act, 1923 against the
Judgement and Award dated 26.02.2009 passed in WCA No.
101/2007 on the file of the Labour Officer and Commissioner
for Workmen's Compensation at Gulbarga, partly allowing
claim petition for compensation awarding compensation of
Rs.4,15,960/- @ with interest @ 12% p.a. after 30 days from
the date of order till the date of deposit.
These appeals coming on for Hearing this day, the Court
delivered the following:
4
JUDGMENT
Heard the learned counsel for the appellants and the learned counsel for the respondents.
2. These two appeals are filed in respect of the very same award. The claimant has filed the appeal on the substantial question of law as to whether the Commissioner was justified in awarding interest after one month from the date of the award instead of one month from the date of accident. The question can be answered straight away. It is settled law that the interest shall be awarded one month from the date of accident. The appeal is therefore allowed to that extent.
3. The appeal filed by the insurer is on the substantial question of law as to whether the Commissioner is justified in saddling the liability on the appellant-insurance company and directing the appellant to pay the compensation awarded contrary to the evidence on record. This is again liable to be answered in the negative, as there was breach of policy condition, as the vehicle has been driven by its driver without 5 holding a valid driving licence. The liability having been fastened on the insurance company would have to be set aside. Consequently, both these appeals are allowed in part. The claimants are entitled to interest one month from the date of accident. The liability of the insurer is absolved. The claimants are entitled to recover the award amount from the owner of the vehicle.
The appeals stand disposed of in terms of the above.
Sd/-
JUDGE nsp