High Court Karnataka High Court

Mavaji S/O Devasi Patel vs Monappa Annappa Badiger on 19 March, 2008

Karnataka High Court
Mavaji S/O Devasi Patel vs Monappa Annappa Badiger on 19 March, 2008
Author: K.Ramanna
1

in THE HIGH coum' OF KARNATAKA AT BANG!sL()Ri§ _

DATED THIS THE 197% DAY OF MARCH;    A-

THE HONBLE MR.Jusri§:E ,Ki;iA£;1a§N:§A    7

MISCELLANEOUS mesa" :=;r1PEAL"No;949;_;gV: V%

 ;

LMAVAJI,

3/ CLDEVASI PATEL,

AGE 45 ms, -. V 
R/(ZLHARUGERI,   

ASHAPUR sAW.M;L1--.,. 1; _.   j'
i)1sT.BELGp;.Um'...__  .    .

2.JlVARAJ;    " __
s/0.1:>12:v;~_,sI' PATEL,  = "  "
AGEAO YRS,' ' _ _  " . 
R/o.HARuGE:2;, 
ASI;hji_\PUR saw MELL,

  ..... 

‘ DIf.3’?.BEL{l$UM. .. APPELLANTS

‘V ‘($’Y~«s3Ei§3.,:3.sHAsrRY, ADV.)
5.13%

‘ MONAPPE ANNAPPA BADIGER,

e m.goR,”‘
R/OHANATHA PLOT,
. ‘AHARUGER! VILLAGE,

‘f§Q.RA}BAG,
BELGAUM. .. RESPONDENT

(BY SR1 M.H.PRAKASH, ADV.)

..-h
‘:_’!,¢ 3/,’

2

THIS APPEAL IS FILED U/330(1) OF
THE JUDGMENT AND ORDER DATED Q6/8/2005 FA,S4?»ED “$N

KAAPAAKA:SR-5222004 on THE FILE OF THE LABC§{3R-OF”-E-‘1CE_Ré_
AND COMPENSATION. SUB-DIVISKEN-1, BELGAUM,’ Awwnirze v 4_
COMPENSATION ow Rs.I,22,079/— AND _D§REQTiN§3._ -2’m:.,

APPELLANS HEREIN TO DEPOSIT I

THIS APPEAL COMING cm F612 H:§:méiN€s._’mtS I§AY–,.,f1’isg

COURT DELIVERED THE FOLLOWING:’:__ “


JUD  V

This appellants    have mum up

with this appca1_<_:hal]ensm1 _,' V awaxd passed

by ': 's Compensation,' Sub-

dated 26-8-2005

mainly’ the respondent is not an

‘_ and there was no tnzlatianship of

‘ between them. There is inoxtlinatc

chain: petition. The evidence of other

:«V.ci1£wit11csses does not oormboratiz with each other.

“i’he_reepondent has not produced any single paper to show

she was an employee under the appellants. The pnva’ tn

‘éemplamt filed by the respondent came to be

V

2. Admittedly, the appellants are the -‘fl1_V£:

saw mill. The records indicate that =

obtained licence to run the say’

_ workers to cut wood logs. not

disputed. Aooonifmg to} the I’e §pe’nzient, as
carpenter. On Wood, eustainod a
crush injury to the 1:11 his four fingers
went: out andfixf 5″‘ memrpal
base. He Home, Gokak
on to the counsel for
msponemg by one .19 Patil to the

Nursing T9]_pfL~_vS*e nature of injuries sustained by

the wound certificate. The

‘ produced before this Court clearly

g V-a’ tv: :.-39 was fiacture of 1,2,3 as 4 metacarpal

.. lefihandandcxushinjuuywhik workingin the

u x V’ of the appellants. The appclhnts have not seriously

about the discharge summary pmduoed by the

” 1*espondent~1 befim-: this Court. Initially the appellant

disputed the relationship of employer and ‘_

the Commissioner. Howcvcr, in View of the

P.Ws.1,2 & 3 coupled with 5337 b

the respondent, it is clear that ‘a,

skilled’ iaboumr under the:

contention of the appcilgants maiioxidezit has not
produced any salary -of appointment.

Usually, in thcffirxns 1§o’}§f;point:ncnt OI’d€:I’S

_ will 13:: issgaafiv in 3: Saw Mill but

the _tl_;;: discharge summaxy itself
cicarly in the-said Saw Mill as
a 95394 . s

– 3′;:Of rcspondcnt has mkcn the oontcnticm

afield” cut, owner of the Saw Mill has

V. mm. Q ‘ : payment of czompcnsation but has &11cd–‘

to pa’3.r th¢ same. Therefore, has got issued the notice mld

A “ii ttfiéfc-aiicr, ahr rcccipt of the reply, he filed a pzivatc

fgompiaint before JMFC and hcnoc them is a dclay in filing

the claim petition bcfom the Commissioner. Thcrcfom, the

‘I.

J,
‘J: :_/’1’ &.

Oom ‘ has rightly accepted the

by the rcspomcnt-claimant in ” . 2

appmaching the Commissions: 1’

No.48]’2003 filed bcfom JMFC;V%’b${t11;; mgpegjgqént to be
dismissed as the suficicnt
matcxials and to witnesses
bcfom the Jngpgrrgaut inc: wand to deny the

icamcd oqunscl for the
apPc1léints _is is tvariation in the evidence of

p.ws.2 aga} V T115 himaclf has stated before the

‘~ f35}2fiv-.3;-,,-gswas working as a skilled labourer and

‘ during the cows: of employment. Of

of the Saw Mill has not been cxam1n’ ed by

I When then: are two workers in the Saw

V’ .. Mil; of which had sustained injuries in the acciicn-t and

workcr had not been in a position to dcposc again’ at

the employer. Thercfom, the evidence of P.W.1 coupled with

C ,.:

the evidence of other witnesses shows that ‘fies

working as skilled labourer in the Saw Min. ‘

respondent has not produced the B3!’

his employer. At the tune’ of issuifig

has instructed his counsel was to” V L’

R3200/— per day. (b1;siiefing…££1e_t%z(;t he gig skilled
labouier, in the % ; oertificatle, the
Comml.-33′ inner has ” respondent as

per the at Rs.2,203/–

per ‘ ~ oonsidefmg the age
menfiozoed’ has taken the age of

the res_ponxienf’asV32 and has taken the loss of earning

atn by applying the relevant factor,

at Rs.80,847/–. The learned

appellants contended that respondent suflme

only” ofearning capacity. The Doctor — P.W.4 has

V’ ~ fehat respondent sufiem only 40% disability ho the

limb but has not stated the funcfiona} disability.

V’ W’f’hc Commissioner has taken the loss of eanling capacity at

;=;.i~’–‘”””/

_,.,.«

30%. Considering the injuries susmined by

and the treatment undergone by him..a:od u

respondent is a skilled labourer

Mil], the functional disabiV1:§’t3t..Vat’A”3f:};-.3

Commissioner is excessive. mojjeogieofil suflisrs
only 23% of fimcfion§’I’«–¢;i§3;;Iji1it3_*’ ” as per the
calculations, is V of

Rs.67,362/–H ks,ér;,g4i’f:’e awarded by the

_ injvtjeresteawazded by the Commissioner
on the at the rate of 12% pa, after 30

days. fmm ._§iai:e.v’of ?aoei.ient is incorrect. The respondent»

i}’.=_{{enAt&tled.Ato mores: at 12% p.a. on the compensation

days from the date of passing of the award

i;e.,, ‘fiom_ an the date of deposit made by the

5. Accordingly, this appeal is allowed in part. The

judgment mud award passed by the Commissioner is hemby

‘modified. The respond t-claimant is czutifled to

compensation of Rs.67,362/- with interest

2&9-2005 till the date of dcpositgngndc fay”


The amount in deposit bcforc 

to the concerned    *

Compensation for payment.    to
rcfund of the excess   by them.

*sp _