Karnataka High Court
The Branch Manager, vs Zakheer S/O Khasimsab on 14 August, 2014
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
ON THE 14TH DAY OF AUGUST, 2014
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
M.F.A. NO.32009/2009 (WC)
C/W
M.F.A. NO.32010/2009 (WC),
M.F.A. NO.32011/2009 (WC),
M.F.A. NO. 32012/2009 (WC),
M.F.A. NO. 32013/2009 (WC)
&
M.F.A. NO. 32014/2009 (WC)
IN M.F.A. NO.32009/2009
BETWEEN
THE BRANCH MANAGER,
M/S. NATIONAL INSURANCE CO. LTD.,
RAICHUR, THROUGH ITS
DIVISIONAL MANAGER, GULBARGA.
... APPELLANT
(BY SRI. NAGARAJ PATIL, ADV. FOR
SRI. MANVENDRA REDDY, ADV.)
AND
1. ZAKHEER S/O KHASIMSAB,
AGE: 36 YEARS, OCC: EX.DRIVER,
2
R/O SINDHIGERI VILLAGE,
TQ. SINDHANOOR, DIST. RAICHUR.
2. MUKTHAR AHMED S/O NAZIR AHMED,
AGE: MAJOR, OCC: OWNER OF LORRY
NO.AP-21-V-1357, R/O JAWAHAR STREET,
KOUVE BAZAR, BELLARY.
... RESPONDENTS
(SRI BASAVARAJ R. MATH, ADV. FOR C/R1;
V/O. DTD: 14.8.14 NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S 30(1) OF WC ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.08.09 PASSED IN WC
NO.766/08 ON THE FILE OF LABOUR OFFICER &
COMMISSIONER FOR WORKMEN'S COMPENSATION AT RAICHUR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND AWARDING AMOUNT OF RS.1,44,735/-WITH INTEREST AT
12 % P.A.
M.F.A. NO.32010/2009
BETWEEN
THE BRANCH MANAGER,
M/S. NATIONAL INSURANCE CO. LTD.,
RAICHUR, THROUGH ITS
DIVISIONAL MANAGER, GULBARGA.
... APPELLANT
(BY SRI. NAGARAJ PATIL, ADV. FOR
SRI. MANVENDRA REDDY, ADV.)
AND
1. ANJINAPPA S/O BHIMAPPA,
AGE: 23 YEARS, OCC: EX.CLEANER,
R/O DADESUGUR VILLAGE,
TQ. SINDHANOOR, DIST: RAICHUR.
3
2. MUKTHAR AHMED S/O NAZIR AHMED,
AGE: MAJOR, OCC: OWNER OF LORRY
NO.AP-21 V-1357,
R/O JAWAHAR STREET,
KOUVE BAZAR, BELLARY.
... RESPONDENTS
(SRI. BASAVARAJ R. MATH, ADV. FOR C/R1;
V/O. DTD: 14.08.2014 NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S 30(1) OF WC ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.08.09 PASSED IN WC
NO.767/08 ON THE FILE OF LABOUR OFFICER &
COMMISSIONER FOR WORKMEN'S COMPENSATION AT RAICHUR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND AWARDING AMOUNT OF RS.1,75,325/-WITH INTEREST AT
12 % P.A.
M.F.A. NO.32011/2009
BETWEEN
THE BRANCH MANAGER,
M/S. NATIONAL INSURANCE CO. LTD.,
RAICHUR, THROUGH ITS
DIVISIONAL MANAGER, GULBARGA.
... APPELLANT
(BY SRI. NAGARAJ PATIL, ADV. FOR
SRI. MANVENDRA REDDY, ADV.)
AND
1. NAGARAJ S/O SUNKAPPA,
AGE: 23 YEARS, OCC: EX. HAMALI,
R/O JAVALAGERA VILLAGE,
TQ. SINDHANOOR, DIST. RAICHUR.
2. MUKTHAR AHMED S/O NAZIR AHMED,
AGE: MAJOR, OCC: OWNER OF LORRY
4
NO.AP-21 V-1357,
R/O JAWAHAR STREET,
KOUVE BAZAR, BELLARY.
... RESPONDENTS
(SRI. BASAVARAJ R. MATH, ADV. FOR C/R1;
V/O. DTD: 14.08.14 NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S 30(1) OF WC ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.08.09 PASSED IN WC
NO.768/08 ON THE FILE OF LABOUR OFFICER &
COMMISSIONER FOR WORKMEN'S COMPENSATION AT RAICHUR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND AWARDING AMOUNT OF RS.1,37,248/-WITH INTEREST AT
12 % P.A.
M.F.A. NO.32012/2009
BETWEEN
THE BRANCH MANAGER,
M/S. NATIONAL INSURANCE CO. LTD.,
RAICHUR, THROUGH ITS
DIVISIONAL MANAGER, GULBARGA.
... APPELLANT
(BY SRI. NAGARAJ PATIL, ADV. FOR
SRI. MANVENDRA REDDY, ADV.)
AND
1. RAMANNA S/O FAKKIRAPPA,
AGE: 23 YEARS, OCC: EX. HAMALI,
R/O HOSALLI VILLAGE,
TQ. SINDHANOOR, DIST: RAICHUR.
2. MUKTHAR AHMED S/O NAZIR AHMED,
AGE: MAJOR, OCC: OWNER OF
LORRY NO.AP-21 V-1357,
5
R/O JAWAHAR STREET,
KOUVE BAZAR, BELLARY. ... RESPONDENTS
(SRI. BASAVARAJ R. MATH, ADV. FOR C/R1;
V/O. DTD: 14.08.14 NOTICE R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S 30(1) OF WC ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.08.09 PASSED IN WC
NO.769/08 ON THE FILE OF LABOUR OFFICER &
COMMISSIONER FOR WORKMEN'S COMPENSATION AT RAICHUR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND AWARDING AMOUNT OF RS.1,54,404/-WITH INTEREST AT
12 % P.A.
M.F.A. NO.32013/2009
BETWEEN
THE BRANCH MANAGER,
M/S. NATIONAL INSURANCE CO. LTD.,
RAICHUR, THROUGH ITS
DIVISIONAL MANAGER, GULBARGA.
... APPELLANT
(BY SRI. NAGARAJ PATIL, ADV. FOR
SRI. MANVENDRA REDDY, ADV.)
AND
1. VENKATESH S/O MALLAYYA,
AGE: 23 YEARS, OCC: EX. HAMALI,
R/O DADESUGUR VILLAGE,
TQ. SINDHANOOR, DIST. RAICHUR.
2. MUKTHAR AHMED S/O NAZIR AHMED,
AGE: MAJOR, OCC: OWNER OF
LORRY NO.AP-21-V-1357,
R/O JAWAHAR STREET,
KOUVE BAZAR, BELLARY.
... RESPONDENTS
(SRI. BASAVARAJ R. MATH, ADV. FOR C/R1;
V/O. DTD: 14.08.2014 NOTICE TO R2 IS DISPENSED WTIH)
6
THIS MFA IS FILED U/S 30(1) OF WC ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.08.09 PASSED IN WC
NO.770/08 ON THE FILE OF LABOUR OFFICER &
COMMISSIONER FOR WORKMEN'S COMPENSATION AT RAICHUR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND AWARDING AMOUNT OF RS.1,89,935/-WITH INTEREST AT
12 % P.A.
M.F.A. NO.32014/2009
BETWEEN
THE BRANCH MANAGER,
M/S. NATIONAL INSURANCE CO. LTD.,
RAICHUR, THROUGH ITS
DIVISIONAL MANAGER, GULBARGA.
... APPELLANT
(BY SRI. NAGARAJ PATIL, ADV. FOR
SRI. MANVENDRA REDDY, ADV.)
AND
1. MUKAPPA S/O POTAPPA,
AGE: 25 YEARS, OCC: EX. HAMALI,
R/O DADESUGUR VILLAGE,
TQ SINDHANOOR, DIST. RAICHUR.
2. MUKTHAR AHMED S/O NAZIR AHMED,
AGE: MAJOR, OCC: OWNER OF
LORRY NO.AP-21-V-1357,
R/O JAWAHAR STREET,
KOUVE BAZAR, BELLARY.
... RESPONDENTS
(SRI. BASAVARAJ R. MATH, ADV. FOR C/R1;
V/O. DTD: 14.08.2014 NOTICE TO R2 IS DISPENSED WITH)
7
THIS MFA IS FILED U/S 30(1) OF WC ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.08.09 PASSED IN WC
NO.771/08 ON THE FILE OF LABOUR OFFICER &
COMMISSIONER FOR WORKMEN'S COMPENSATION AT RAICHUR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND AWARDING AMOUNT OF RS.1,53,365/-WITH INTEREST AT
12 % P.A.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are filed by the insurer on the ground of liability as well as quantum.
2. After addressing arguments for some time, a joint memo is filed in the Court today, wherein, the insurer has agreed to satisfy the claim for a much lesser amount than what was awarded by the Commissioner. The contesting respondents have no objections for the same.
3. The memo is taken on record. Consequently, the appeals are disposed off in terms of the joint memo. 8
4. The amount of compensation awarded in terms of the joint memo is as follows:
SL. CASE NUMBER AMOUNT OF
NO. SETTLEMENT
1 MFA NO.32009/2009 `90,489/-
2 MFA NO.32010/2009 `1,05,195/-
3 MFA NO.32011/2009 `85,780/-
4 MFA NO.32012/2009 `1,02,936/-
5 MFA NO.32013/2009 `1,03,601/-
6 MFA NO.32014/2009 `1,02,244/-
The above mentioned amounts shall carry interest at the rate of 12% p.a. from the date of the accident till the date of payment and shall be paid within a period of 12 weeks from the date of receipt of copy of this order.
If there is any difference of amount after calculation of interest, the same shall be settled by the insurer.
Sd/-
JUDGE LG