High Court Karnataka High Court

D S Thammaiah vs J K Industries on 15 September, 2009

Karnataka High Court
D S Thammaiah vs J K Industries on 15 September, 2009
Author: V.G.Sabhahit
A I - M}E<;'fFA;C¥z'kILI;IA_,

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 15TH DAY OF SEPTEMBER

BEFORE

THE HONBLE MRJUSTICE, A  I

M.F.A.No.636:I/31293;  I
BETWEEN: '  

D.S.THAIvIMA1AH,
AGED ABOUT 47 YRS,__ .  I "
S/O.LATE.SANN'EGOW.DA,'--_  ;   '
NO.85, 1ST MAIN ROAD,-I  " I

4TH CROSS, B.I.I,NAGARAi;v

MYSORE --T   A;ppELLANT

(BY   ASSTSJ
AND},

J.K.INDUSTP_IE'S., "  A
VIKRANTH PLANT,
K.R~i.,S.ROAD, I' 

 

MANAGII\IiG DIRECTOR. .. RESPONDENT

I I (HY SM/s.S.N.MURTI-IY ASSTS.)

=i<=i<*=Z==i=$

  THIS M.F'.A. IS FILED U/S. 30(1) OF WC ACT

I    AGAINST THE ORDER DATED 15/ I 1/2006 PASSED IN

WCA/NFC/CR--171/O4 ON THE FILE OF THE LABOUR



OFFICER & COMMISSIONER FOR WORKMEN
COMPENSATION, MYSORE, DISMISSING 
PETITION FOR COMPENSATION. '  

THIS APPEAL COMING ON FOR  ttami

DAY, COURT DELIVERED THE F*OLLoW1I\i,o:7V_I    <
JUDGMEEECCAAHW

This appeal is filedC._V:iinderA"'Section' of thee'

Workmen's Compensation   by the
gudgment and award   Workmen's

Compensation-IComniissioner,"iiriysore Dist. Mysore, in

wCA,3'NFC/Cii-i*f.i';'2oo'4 dated 15/11/2006 wherein,
the applicatio1i..ViilefdCCb3I:tl3.eI appellant herein seeking for

cornpensation "towards. the injuries sustained in the

  jthpat OcCIirred on 16/ 3/ 2004 has been

A "* .di«s_rnCissed:.  - I . 

C ~.2.'g_ IV have scrutinized the material on record. The

 injaterial on record would clearly show that the

it   appellant had filed an application before the Workmerfs

Compensation Commissioner, Mysore, seeking

\ ,
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 =  

compensation towards the injuries sustained by him

during the course of employment on 16/3/2OD4:.fd_:’Fhe

case of the appellant is that, he was workingiwithi

respondent and he sustained injuries déiringititiedtoourse

of employment. He had injuriesV_to_t

underwent surgical operationrin the NIMI%L%&N;?§4’VHospita1V’

and took treatmentvfor six;’rnodnth’saand’that”he joined

service after taking rest doctor.

3. the Workmen’s
Cornpven.sat’i~o_n Exs.P.1 to R6 were
got of the respondent, one
Witness and Exs.D.1 to 13.3 were got

‘ 4f»…v’1’h’e-,’Work1nen’s Compensation Commissioner,

after the contentions of the iearned counsel

appearing for the parties, by an order dated

‘ 1/2006 held that the petitioner sustained injuries

the accident that occurred on 16/ 3/ 2004 arising out

of and in the course of employment. However, having

3

\/

regard to the facts elicited in the cross~examinat_ion of _

the appellant to the effect that now he is doing

work as he was doing before the accident

respondent and getting the sa.lai’fy*—.of

than the salary which he was priorto the V

accident. The Workmeifs Corhpensati.on._C’oni’rnissioner,Vl

held that the claimant has not l\su._ffered””ari$z loss of
income and accordinglyl: petition since
there was no”dis’abili_tygto~’award’-corifipensation. Being

aggrieved this’».3a’ppea1 is filed.

=}}~lea.rd7fth:e.,llea;rh–ed’ counsel appearing for the
parties aridlseriitinizedilthe material on record.

Thelrriateried on record would clearly show that

‘ ~.Co.mpeiisation Commissioner, has held that

lappellantdéelaimant sustained injuries

on Ki’/’£3/V2004 arising out of and in the course of

erriployment. However, it is specifically elicited in the

eross–examination of the claimant that he is doing the

same work as he was doing earlier to the accident and

‘M/\_/&’

that he is getting salary of Rs.3,000/– more than the

salary, which he was getting prior to the accid’ent–«.:an’d

therefore, the petitioner has not sustained,.’::an.y

income due to the injuries sustainec’.– in the_.acci..de11tTa1id

the question of assessing the ”

sustained by the claimanteapjpiellantnhwould

7. The decision.telieyd”‘onVi_:’hy””the learried counsel
for the appellant in c/W 6900,
6901, not applicable to

the facts not helpful to the

claimant ‘– in V thef -»pyre,sen_t'” *-case, in View of the specific

admission the .cfo_s’s{exarnination of the claimant that

hej einployed”with’ the same employer and is getting

‘ than the salary which he Was getting .

priof topthedate of the accident.

~ 8′ Accordingly, I hold that the judgment and

“afifa:?d passed by the Work;men’s Compensation

in “Commissioner, is justified and does not suffer from any error

.\v/E

or illegality as to call for interference in this appeal aqd pass

the following orderh

The appeal is dismissed.

*mvs