Karnataka High Court
Nanda Kumar Alhankar vs Rsu Calicut on 9 February, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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MFA No. 1876 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 1876 OF 2017 (WC)
BETWEEN:
NANDA KUMAR ALHANKAR
AGED ABOUT 37 YEARS,
S/O MAHADEV ALHANKAR,
R/O DATIR PATIL CHAWIL,
RAM NAGAR, CHINCHAWAD,
PUNE - 411 019.
...APPELLANT
(BY SRI. SANDESH SHETTY T., ADVOCATE)
AND:
Digitally signed
by JAI JYOTHI J 1. RSU CALICUT,
Location: HIGH TATA MOTOR,
COURT OF
KARNATAKA KRS CENTRE,
CALICUT KANNUR ROAD,
CALICUT
(TEMPORARY RC OWNER) - 673 032.
2. THE NEW INDIA ASSURANCE CO LTD
THE NEW INDIA ASSURANCE BUILDING,
M.G.ROAD,
FORT, MUMBAI - 400 001.
REP. BY ITS MANAGER
...RESPONDENTS
(BY SRI. ASHOK N PATIL, ADVOCATE FOR R2; R1-NOTICE D/W
V/O DT:10/03/2021)
THIS MFA FILED U/S 30(1) OF WORKMEN
COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD
DATED:7.10.2016 PASSED IN ECA NO.53/2014 ON THE FILE
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MFA No. 1876 of 2017
OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT,
KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the appellant/claimant challenging the judgment and award dated 07.10.2016 in ECA.No.53/2014 passed by the Senior Civil Judge at Kundapura, for seeking enhancement of compensation.
2. Brief facts of the case are that, on 29.09.2012 at about 7.30 pm., during the course of his employment under respondent No.1, the claimant was a driver of 407 goods vehicle bearing temporary Reg.No.MH-12-TR-AYM- 854 belonging to respondent No.1 and when the said vehicle reached near Gopadi village, on NH-66, Kundapura Taluk, the said lorry met with an accident. Due to the said impact, the claimant sustained grievous injuries. -3- MFA No. 1876 of 2017
3. Heard the arguments from both sides and perused the records.
4. The learned Commissioner/Tribunal has only awarded compensation of Rs.2,72,970/- towards loss of earning capacity due to disability. The learned Commissioner/Tribunal has correctly held the parameters in arriving the said sum, but the learned Commissioner/Tribunal has not granted compensation of Rs.79,596/- towards medical expenses and hospitalization charges. Ex.P.3 is the medical bills produced before the learned Commissioner/Tribunal. Therefore, the claimant is entitled for Rs.79,596/- towards medical expenses and hospitalization charges from respondent No.2- Insurance Company. Therefore, it is directed to respondent No.2- Insurance Company to pay the said medical expenses of Rs.79,596/- to the claimant. As per the amendment of Employees' Compensation Act in the year 2010, the claimant is entitled to reimbursement of medical expenses -4- MFA No. 1876 of 2017 either from the Insurance Company or from the employer as per the contract entered into between them.
5. The other observations and findings of the Tribunal are kept in tact.
6. Accordingly, I proceed to pass the following ORDER i. The appeal is allowed in part.
ii. The impugned judgment and award dated 07.10.2016 in ECA.No.53/2014 passed by the Senior Civil Judge at Kundapura, is modified to the extent that respondent No.2- Insurance Company shall pay compensation of Rs.79,596/- towards medical expenses and hospitalization charges to the claimant. iii. No order as to costs.
-5-MFA No. 1876 of 2017 iv. The appellant/claimant is not entitled for interest for the delay period of 76 days in filing the appeal.
v. Draw award accordingly.
Sd/-
JUDGE
PB
List No.: 1 Sl No.: 18