Karnataka High Court
Sri Gangaram S/O Shiva Rathod vs The Branch Manager New India … on 11 August, 2008
IN THE HIGH COURT OF KARNATAKQ' '_ "
CIRCUFI' BENCH AT GULBARQA j i ':
DATED THIS THE 1 rm DAY %
PREsEIs?i'f _ _
THE HONBLE MR. RAG
THE HON'BLE:1k'£*¥§5 '}.!U.'S;Bfl;IV'(::'»:!I3,:)fl:iB. : GOWDA
Sri Gangaratn, . --
S/o Shiva Rathod,
At Bootnalmnda-, "
Tq. as Dist; Bi§apur§" ~ V
V' """ ...App611ant
(B§%sg~:*$a1n1%z§tg zsmagudda, adv.)
_ E3I'8i'1€:_h Manager,
"--New'it}di;a_Assm*ance
3.5;. Front Road,
Gizrukul road, Bfiapur,
' . _ _ Bijapsur. . . .R6SpOI]dflI1t.
(By Sri R. Jai Prakash far respt.)
This Miscellaneous First Appeal is fiied
W.C. Act, against the Judgment and order ':28/~'.2f2G06"
passed in WCA.SR.33/2005 on the fi1e~of--t.he Fee
Commissioner for Workmen Compensation i3ub--Division=~.2,
Bijapur, partly allowing the claim pe*dVtic:;1A'for
and seeking enhancement of coirnpensairioii;
This Miscellaneous First coming: " for? hearing
this day, K. SREEDHAR Rm. .1, following:--
The of the lony under
one No.1 before the
W.C.Commieeio%n;er.V is the insurer. The
appellant si1stai:1edV oiileit shoulder bone. The doctor
disability is 35%. The
assessed the total body disability at
xvhioh be sound and proper.
A I "appellant has stated that his income is
V The W.C.Commimione:r has taken his monthly
Rs.2783.4O ps. The appellant is aged about 32
«. The respondent has not placed any contra evidence to
dispmve the contention of the appcllaggitt f _
W.C.Commissionm’ was not justified in ‘A V.
at Rs.2783/– as against the pleadizigs
appellant. In that view, the mconfae >
assessed at Rs.4,000/- which is _» A.;é»t}aftutv:i9Iy linzzit.
The reckonable income is ,{g 123.360/-. The
appcflant is entitlcdmo Ve§f,vI{;s.73,.386/~ as
agams’ t Rs.51,o65;/2 ‘ssnne’ r, with
interest at da’¢é””V’§r award of the
W.C.Comn1issi&m§ér V on the enhanced
compensatign,
% ¢i:ea.ppea1 is alkavwed. a
311396
3d/-!
Iudg3