IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.3841 of 2013 (WC) BETWEEN:
NATARAJA S/O KALLESHAPPA AGED ABOUT 30 YEARS R/O KANCHIGANAL CHANNAGIRI TALUK , NOW R/O GOPALPURA ROAD, CHITRADURGA (BY SRI.R. SHASHIDHARA, ADV.) AND:
... APPELLANT 1. M.GANGAPPA S/O SANNA MAHADEVAPPA AGE MAJOR OWNER OF TRACTOR-TRAILER BEARING NO.KA-17/T-8187-88 R/O KANCHIGANAL, CHANNAGIRI TALUK DAVANAGERE DISTRICT 2. THE MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. LTD., CLAIMS CUSTOMER SERVICE CENTER KSTMS BUILDING 3RD FLOOR NO.8, CUNNINGAM ROAD BANGALORE ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 30(1) OF W.C. ACT AGAINST THE JUDGMENT DATED:15.11.2012 PASSED IN PÁCa/PÁ£À¥À/J£ïJ¥sï/¹Dgï NO.124/2010 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, CHITRADURGA DISTRICT, CHITRADURGA, ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered in the accident that took place on 20th February 2010, the injured preferred claim petition before the Workmen’s Compensation Commissioner, Chitradurga. The Commissioner after serving notice to the respondent has framed issues for consider and has answered the issues in the affirmative and awarded compensation of Rs.2,06,668/-. Being not satisfied with the compensation amount, this appeal is preferred, seeking enhancement.
2. The learned counsel appearing for the parties submits that the Labour Commissioner has awarded interest at the rate of 7.5% from the date of petition as against 12% from the date of one month after the accident. Hence the appellant and respondent No.2-Insurer submit that a the parties have agreed to a total sum of Rs.1,15,000/- in addition to the compensation awarded by the Commissioner towards interest. A memo is also filed to that extent. Memo is placed on record. Accordingly, an amount of Rs.1,15,000/- is awarded in addition to what has been awarded by the Commissioner. Appeal is accordingly disposed of.
Sd/-
ACTING CHIEF JUSTICE lnn