IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH, DHARAWAD Dated the 3rd day of July 2012 :BEFORE: HON’BLE MRJUSTICE : V.JAGANNATHAN MISCELLANEOUS FIRST APPEAL No. 11022 / 2005 C/W M,F.A.Nos. 11024, 11025 & 11027 I 2005 (WC) BETWEEN: DIVISIONAL MANAGER NATIONAL INSURANCE C0.LTD., HUBLI, NOW REP. BY ITS REGIONAL MANAGER NATIONAL INSURANCE CO.LTD., REGIONAL OFFICE. SUBIIARAM COMPLEX 144 M.G.ROAD BANGALORE 1 .Appellant (Common) (By Sri Ravindra R.Mane, Advocate.) AND: IN M.F.A. No. 11022 / 2005: 1. ANANDA NINGAPPA CHAVAN AGED MAJOR RIO SAIDAPUR DANDINA ONI DHARWAD IN M.F.A. No. 11024 / 2005: I. K.CHANDRUGOUDA @ CHANDRU, S/O NINGANAGOUDA, AGE: MAJOR, R/O KODIYALAPURA, TQ: HANAGAL, HAVERI DISTRICT. IN M.F.A. No. 11025 / 2005: 1, JAFAR, 2 S/O KHANASAB ACHHAMMANAVAR, AGE: MAJOR, R/O MALAPURA, KURUBARA ONI, DHARAWAD. IN MF.A, No. 11027 / 2005: 1. YALLAPPA, 5/0 BASAPPA, AGE: MAJOR, R/O MAVAKOPPA, HANAGAL TALUK, HAVERI DISTRICT. IN M.F.A. Nos. 1 1022, 11024, 1 1025 & 11027 / 2005: 2. MARU EHI NINGAPPA CHAVAN AGE MAJOR, OWNER OF VEHICLE RIO SAIDAPUR DANDINA ONI DHARWAD Respondents (By Sri Mahesh Wodeyar, Advocate for R- 1 & Sri Prakash Yeli, Advocate for R-2 in M.F.A.Nos. 11024, 11025 & 11027/2005.) MFAs FILED U/S 30(1) OF W.C.ACT AGAINST THE JUDGMENT AND ORDER DATED 29.7.2005 PASSED IN Nos. WCAINF- 148/2004, WCA/NF- 149/2004, WCA/NF- 150/2004 & WCAINF-151/2004 RESPECTiVELY, ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN’S COMPENSATION, HAVERI. AWARDING COMPENSATION OF RS. 84.989’- AND INTEREST RS.10.451 -. RS.75.730/- AND INTEREST RS.9,310/-. RS.73.439/- AND INTEREST RS.9.076’- AND RS.60.131/- AND INTEREST RS.7.394/- RESPECTIVELY. AND DIRECTING THE APPELLANT HEREIN TO DEPOSIT THE SAME. THESE APPEALS COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: 3 JUDGMENT All these appeals arise out of the common judgment passed by the W,C. Commissioner, Haven, allowing the claim applications filed by the respective respondents-applicants herein. The Insurance Company, which is in appeal, is aggrieved by both the quantum of compensation as well as grant of interest from the date of filing of the applications. 2. The accident having occurred on 27.2.2004 is not in dispute and so also the injuries suffered by the respective applicants before the Commissioner. The learned counsel for the Insurance Company also submits that insofar as the first two awards are concerned, which are for higher amounts, the Insurance Company is liable to pay the compensation in view of coverage of two employees under the policy. Thus, in respect of the claim applications of Ananda Ningappa Chavan and Chandrugouda (; Chandru, the award of Rs.84,989/- and Rs.75,730/- respectively is not seriously called in question. However, it is submitted 4 that in respect of the awards in favour of Jaffar for Rs.73,439/- and Yallappa for Rs.60,131/-, it is for the owner of the vehicle to shoulder the liability. 3. The above submission made by the learned counsel for the appe11antInsurance Company is not disputed by the learned counsel for the respondents- applicants and he submitted that in respect of the awards passed in favour of applicants Jafar and Yallappa, the compensation is liable to be paid by the owner of the vehicle. 4. Thus, what remains is as to the grant of interest. The W.C. Commissioner has awarded interest at 12% from the date of filing of the application by the respective applicants i.e., from 20.7.2004. In the appeal memorandum, no ground is urged in respect of award of interest from the date of application. Therefore, this ground also does not survive for consideration. 5. For the above reasons, the appeals filed by the Insurance Company are allowed only in respect of M.F.A.Nos, 11025 and 11027/2005 and in the said two cases, the liability to pay compensation is on the owner of the vehicle and not on the appellant-Insurance Company. The amount in deposit in these two cases, therefore, be refunded to the appellant-Insurance Company. Consequently, the other two appeals - M.F.A.Nos. 11022 & 11024/2005 are dismissed. The amount in deposit in the said cases be transferred to the W.C. Commissioner. sd/ ckc/