IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.738/2010 (WC) BETWEEN N MALLESH S/O NAGARAJAPPA AGED ABOUT 21 YEARS R/O R NULENUR HOLALKERE TALUK AND DISTRICT.
(BY SRI R SHASHIDHARA, ADVOCATE) AND 1. J SHARATH KUMAR S/O M C JAYASHANKAR AGE MAJOR, No.85, D DEVARAJA ARASU ROAD, MYSURU OWNER OF LORRY BEARING No.KA 09/A 8343.
2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO, LTD., DIVISIONAL OFFICE AKKAMAHADEVI ROAD DAVANAGERE.
(SRI A M VENKATESH, ADVOCATE FOR R-2 …APPELLANT …RESPONDENTS NOTICE TO R1 DISPENSED WITH V/O DATED:17/10/2017) THIS MFA IS FILED UNDER SECTION 30(1) OF W.C. ACT AGAINST THE JUDGMENT AND AWARD DATED:22.08.2009 PASSED IN ACHI/KA NA PA/NF/CR-170/2008 ON THE FILE OF THE LABOUR OFFICER CUM COMMISSIONER FOR WORKMEN’S COMPENSATION, CHITRADURGA DISTRICT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appeal is directed against the judgment and award dated 22nd August 2009 passed by the Labour Officer- Cum -Commissioner for Workmen’s Compensation, Chitradurga District, Chitradurga in KA.ACHI:KA.NA. PA:NF:CR-170/2008.
2. In order to avoid confusion and overlappings, parties are referred to with reference to their respective rankings as stood in the Tribunal.
3. Petitioner before the learned Commissioner is one Mallesh N, who claims that he was a workman under one J. Sharathkumar, who is respondent No.1.
He states that he was getting wages of Rs.5,000/- per month along with Rs.100/- as daily allowance and he was hale and healthy and due to the impact of the incident, he has laboured disability and deprived of his ability to carry on with his work as lorry cleaner.
4. The incident is stated to have occurred on 30.7.2008 when Mallesh was working under respondent No.1 and that the lorry in which the said Mallesh/appellant was the cleaner met with an accident due to rash and negligent driving of its driver and Mallesh suffered injuries, including fracture and received medical treatment for 20 days under Dr.Sudarshan.
5. Thus the matter is in the appellate Court only for seeking the interest granted to the compensation and its starting point. The learned Commissioner, adjudicated the matter and allowed the petition and granted Rs.1,85,950/- together with interest at the rate of 12% p.a. from the expiry of the 30th day of the judgment i.e. 22.8.2009 plus 30 days. It is well established and recognized factor that a workman for his injuries when awarded compensation, he is entitled for interest from the end of 30th day of the accident. Learned Commissioner, lost the sight of this basic fact and ordered interest from the expiry of the 30th day of the judgment. So far as, the time of commencement of interest needs to be changed to the period stated above so that he does not commit similar mistake in another disposal in future.
6. Therefore, the appeal is hereby allowed.
The judgment and award dated 22nd August 2009 passed by the Labour Officer- Cum- Commissioner for Workmen’s Compensation, Chitradurga District, Chitradurga, in KA.ACHI:KA.NA.PA:NF:CR-170/2008 insofar as interest portion is concerned, is hereby modified holding that, the date of liability of interest to commence from the 30th day from the date of accident and not from the 30th day after the judgment.
No costs.
Sd/- JUDGE tsn*