K B Rajegowda, vs The Branch Manager, on 22 November, 2012

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Karnataka High Court

K B Rajegowda, vs The Branch Manager, on 22 November, 2012

Bench: N.Ananda

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 22ND DAY OF NOVEMBER 2012

                      BEFORE

         THE HON'BLE MR.JUSTICE N.ANANDA

                 M.F.A.NO.5887/2011
BETWEEN:

1.    K B RAJEGOWDA
      S/O BOREGOWDA
      MAJOR, R/AT KODIKOPPALU VILLAGE
      MATHIGATTA POST, HALEBEEDU HOBLI
      BELUR TALUK, HASSAN DISTRICT

2.   LALITHAMMA
     W/O K.B.RAJEGOWDA
     MAJOR, R/AT KODIKOPPALU VILLAGE
     MATHIGATTA POST, HALEBEEDU HOBLI
     BELUR TALUK, HASSAN DISTRICT.
                                     ...APPELLANTS
(BY SMT.KAVITHA H C, ADV.)

AND:

1.    THE BRANCH MANAGER
      THE NEW INDIA ASSURANCE CO. LTD.
      NO.52, 1ST FLOOR, VINAYA COMPLEX
      OPP. NATIONAL COLLEGE
      BASAVANAGUDI, HASSAN.

2.   T. SRINIVASA BABU, MAJOR
     SAHI PETRO PRODUCTS
     NO.21, 25 C4, MARUTHI PARLE COMPLEX
     1ST FLOOR, D.V.G. ROAD
     BANGALORE.
                                     ... RESPONDENTS
(BY SRI A M VENKATESH, ADV. FOR R-1)

     MFA FILED U/S 30(1) OF W.C. ACT AGAINST THE
JUDGMENT DATED 28.10.2010 PASSED IN WCA/F/SR-
32/2009 ON THE FILE OF THE LABOUR OFFICER AND
COMMISSIONER    FOR   WORKMEN      COMPENSATION,
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HASSAN SUB DIVISION, HASSAN, ALLOWING THE CLAIM
PETITION FOR COMPENSATION.

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

For the reasons stated in Misc.Cvl.14026/2011, delay of 191 days in filing the appeal is condoned.

This appeal is filed for enhancement of compensation inter alia contending that wages of deceased should have been determined at Rs.6,000/- p.m. The Commissioner has determined wages of deceased at Rs.4,000/- p.m. and taken 50% of the same for determination of compensation as provided under Section 4 of the Workmen's Compensation Act. The Commissioner has applied relevant factor appropriate to age of deceased and has also awarded interest after 30 days from the date of accident.

Under Section 4 of the Act, the maximum wages permissible for the purpose of determination of compensation is Rs.4,000/-. Therefore, the appellant cannot have any grievance against the impugned award.

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There is no merit in the appeal. The appeal is accordingly dismissed.

Sd/-

JUDGE nas.

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