2024:KHC:9527

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NC: 2024:KHC:9527
MFA No. 1910 of 2017
 
 
IN THE HIGH COURT OF KARNATAKA AT BENGALURU 
DATED THIS THE 7TH DAY OF MARCH, 2024 
BEFORE 
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI 
MISCELLANEOUS FIRST APPEAL NO. 1910 OF 2017  
BETWEEN:  
 
 
THE CLAIM MANAGER 
ROYAL SUNDARAM ALLIANCE INSURANCE  
COMPANY LIMITED 
SUNDARAM TOWERS, NO.45 & 46,  
WHITES ROAD, CHENNAI-600 014 
 
NOW AT  
ROYAL SUNDARAM ALLIANCE INSURANCE  
COMPANY LTD 
SUBRAMANIAM BUILDING, II FLOOR, NO.1,  
CLUB HOUSE ROAD, 
ANNA SALAI CHENNAI-600 002 
…APPELLANT 
(BY SRI. O MAHESH.,ADVOCATE) 
AND: 
 
1. 
ERAMMA 
AGE 53 YEARS, 
W/O REVANNA 
RESIDING AT JANATHA HOUSE, NADUVALAPALYA 
KASABA HOBLI, 
GUBBI TALUK-572113 
2. 
REVANNA 
AGE 63 YEARS, 
S/O LATE KADAIAH 
RESIDING AT JANATHA HOUSE, NADUVALAPALYA 
KASABA HOBLI, 
GUBBI TALUK-572113 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Digitally signed
by SUVARNA T
Location: HIGH
COURT OF
KARNATAKA

 
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NC: 2024:KHC:9527
MFA No. 1910 of 2017
 
 
3. 
H G SURESH  
MAJOR, 
HEBBUR TUMKUR-572101 
…RESPONDENTS 
(BY SRI.K.R. RAMESH.,ADVOCATE FOR R1; 
      R3 IS SERVED & UNREPRESENTED V/O DTD. 10.07.2019; 
      R1 IS TREATED AS LR OF DECEASED R2) 
 
 
THIS MFA IS FILED U/S 30(1) OF W.C. ACT AGAINST THE 
JUDGMENT AND AWARD DATED 03.01.2017 PASSED IN 
ECA.NO.10/2014  ON THE FILE OF THE PRINCIPAL SENIOR 
CIVIL JUDGE AND JMFC, GUBBI, AWARDING COMPENSATION 
OF RS. 6,50,730/- WITH INTEREST AT 12% P.A. FROM THE 
DATE OF PETITION TILL REALIZATION.   
 
 
THIS APPEAL, COMING ON FOR DISMISSAL, THIS 
DAY, THE COURT DELIVERED THE FOLLOWING. 
 
JUDGMENT 
Aggrieved by the order passed in ECA No.10/2014, 
dated 03.01.2017, by the Principal Senior Civil Judge & 
JMFC, Gubbi, the insurance company is before this court.  
 
2. 
A petition is filed by the respondents herein 
under Section-10 of the Workmen’s Compensation Act 
claiming compensation for the death of the workman in 
the accident on 09.12.2014 while he was working under 
respondent No.1 as the driver of the Mahindra Goods 
vehicle. It is the case of the claimant that he was 

 
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NC: 2024:KHC:9527
MFA No. 1910 of 2017
 
 
appointed as  a driver about one year prior to the accident 
and the owner of the vehicle was paying an amount of 
Rs.6,000/- p.m., apart from the daily bata of Rs.100/-. On 
19.12.2011 while the deceased was driving the Mahindra 
goods vehicle as per the instructions of the owner at that 
time some unknown vehicle driven by its driver in a high 
speed came in a rash and negligent manner and dashed 
against the Mahindra-Goods vehicle and caused the 
accident. As a result, the deceased sustained injuries and 
while he was being shifted to the General Hospital 
Tumkur, he succumbed to the injuries on the way to the 
hospital.  
 
3. 
The owner of the vehicle remained exparte 
before the court below and the insurance company had 
filed the written statement. Insurance Company admitted 
issuance of policy but according to them there is no 
relationship of employer-employee between the deceased 
and the first respondent. The deceased was travelling in 

 
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NC: 2024:KHC:9527
MFA No. 1910 of 2017
 
 
the goods vehicle as a gratuitous passenger, as such the 
insurance company is not liable to pay the compensation.  
 
4. 
On behalf of the legal representatives, PW-1 is 
examined and Exhibits-P1 to P7 are marked. On behalf of 
the respondents RW-1 was examined and Exhibits-R1 to 
R4 were marked. The court below considering the income 
of the deceased at Rs.6,000/- p.m., and by deducting 50% 
and by applying the factor of 216.91 had granted 
compensation of an amount of Rs.6,15,730/-. The court 
below observed that there is a policy in force at the time 
of the accident and the evidence on record discloses that 
the driver of the lorry had a valid Driving license to drive 
the vehicle. Therefore, respondent No.2 being the insurer 
is liable to pay the compensation. Aggrieved thereby the 
insurance company is before this co

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