Anjaneyaswamy S/O Anjinappa vs H Honnappa S/O H Muniyappa on 13 February, 2009

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13"' DAY OF FEBRUARY 

BEFORE

THE HON'BLE MR. JUSTICE C-R.'! »KL1EMARA'sW;AW   R'

M.F.A. NO. 6143/2065 ('JVC3 R
BETWEEN: '  

Anjaneyaswamy S/0 Anjinappa 
Age 28 years   
Rm 3'" Main, 12*" Cross     
Yellamma Nagar, Davanagerej-._  1
  «   Appeliant

(By Sri:   AdV»ip.eaute')'V'

AND'

1 H. HOnnap_p"a_S/O H. Mqniyappa
Owner of Autorickshvaw' bearing
_' , Regf;_NoR'.' KA-273/454«9, R/o 3"' Main
  3"**CrosAs,Yellamma Nagar
 ' VD"avanage:*e'""~-~.__577 O02.

 Aewanagey

 D.-33/an'agere -- 577 002.

_ Na"'i:«ion..a'l' Insurance Co. Ltd.,
A _ Divisional Office, Chamarajpet

 Respondents

(By Sri: R. Rajagopalan, Advocate for R2
Notice to R-1 -- Dispensed with)



This MFA is filed under Section 30 (1) of WC Act
against the Order dated 23.3.2006 passed in LOD:V.\/'Ci€\.:.CR

No. 324/2004 on the file of the Labour 

Commissioner for Workmen's Compensation, i§_avanVagere'_; 

ailowing the claim petition for com_;3eVn.s4aticin"'va'n§.4 seépiging

enhancement of compensation.

This Miscellaneous First1..:vLj'A.ppea'I'.__co.ndi.ng:f"o:1": for"

Admission this day, the court deii_veRji"'ed'vVt_he foiio.v_\iin§§: '
J U Be Me  J

This Miscellaneous First./§p;;:e'e.i_ "under Section

30 (1) of  against the Order
dated 23.3V.C20O'6  No. 324/2004 on
the file of  _:Lai'3'odr;l' Vfitficer and Commissioner for
tI§iVori<mVeln}':s iC:ompensat"i'onv, Davanagere, allowing the claim

peti't~§..on_e-forfco"mp.e.nsation and seeking enhancement of

2' V["compensation;  A

(2) E'vei'1 though the matter is listed for admission,

  consent of the learned counsel for the appellant

  -the learned counsel for the respondents, this matter is

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heard on merits. The materials placed before theCTCourt

are sufficient to dispose of the matter at this stage;.'..'u~'.'._'_15  

(3) The contentions of the claimantuibefolre. 

Commissioner for Workmen's Compensationn are .as- u'n'drerw:.:vi T

The claimant was working. as-,_'a Vdriviyer.../_VQfii

autorickshaw bearing   the
employment of Respondent"NoA--V.y1.{1. 9.8.2004 at
about 8 p.m. near Sfhankg.r"iVi.ii:i's  Davanagere,
the said autoric.F<s§n.aw::i.n'   was on duty as

a driver met  -- I As a resuit of which, the
claimant sustained'  claimant was getting a
salary of._i1§s.3;000/--r month and bata of Rs.20/-- per day.

i-le._wAa;s   __26 years.

('4)_:'The.':i§espondent No.1 in the Court below has

'ifcvonltended"thiat the vehicle in question was owned by him.

 was working as driver of the said vehicle. He

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was earning salary of Rs.3,000/- per month and bata of

Rs.20/-- per day.

(5) The second respondent -~ Insurance 

filed the objections statement beVfo*re---thehllfiouirgtlxlbééloiiii it

stating that the vehicle in question i/iia_s:'--i_nAsured..eA.wi.tli 

denying other averments made  claim._peti'i:ioVn:V it
(6) The sum and su~lqstan'c'e'ioi' the find'i'ng"s of the

Court below are as under:   

6.1 Dr.__.9Ghahiat'ei:l_""M_adhukar, Senior Specialist,
Orthopaedic has examined the
cl_aVi.mant,,._i:3'n  for assessing the disabiiity. He

round   of the right leg is restricted. He has

 stated"in-hislveV?§?.igde'nce that the claimant has got disability to

 .extent of ilfifhifto 55%.

V'ff?The learned Commissioner for Wori<men's

1'Co_4m.pe:nsation taking the income of the claimant at

i/



Rs.3,000/- per month and considering his age i.e. 28 years,

adopted the relevant factor of 211.79 and assessing'e:«.Vt'i1,e

loss of earning capacity at 45% has  

compensation of Rs.1,71,5-49/~-- (lv'<s]'1','8Ql3:,  

45/100). The Commissioner foir_WoAr'l.s.2,o5,86o/-.

«ax



(16) Learned counsel for the respondent--Ins'ti.:rance
Company submitted that the interest 
Commissioner for Workmen's Compensatior:~'iAs'f~_.fr:o:{n.«._oCne'~ 
month from the date of accident,  
awarded from one month frorrihthpe  
But in the instant casei  "Insurance
Company has not  The learned
counsei for the  has aiready
received the   Therefore it is
expedient   passed by the
Commissioneriifor  in so far as

interest is.conce'rnV_ed.... 

 r IvAn'«.pvivAe'w___of the above discussion, I pass the

   

ORDER

‘CM«i.scé”||aneous First Appeai is aiiowed in part.

E/’