High Court Karnataka High Court

Chandrakant Dondiram Godhade vs Baburao Shiva Magadum on 26 August, 2010

Karnataka High Court
Chandrakant Dondiram Godhade vs Baburao Shiva Magadum on 26 August, 2010
Author: A.S.Bopanna
HJTHE}HG%ICOURT(H?KARNATAKA
CHRCUYFBENCHIUWDHARWAD

DATED THIS THE 26TH DAY OF AUGUST, 2o,Ld;_.'Vj 

BEFORE

THE HON'BLE MR. JUSTICE AS. }'S0.P4ANAIe1A1&'A  

MISCELLANEOUS FIRST APPEAL N¢';2Ai'S9S/2QU%39f 

BETWEEN:

CHANDRAKANT _ 4' f
DONDIRAM Gom--1ADE* *  *
AGE. 24 YEARS, "
occ. NIL, 4] I. A  S  A 
R/O. KURLI,        
TQ. CHIKKQ'DT;._V"=4:-_V ' ._   A
DIST. BELG.AUiM»', '   

H.APPELLANT

(BY  ADV.)

AND:



Y7

 4...

    A.  A ..... .. V
K SHHUEMAGADUM,

 S.A:G_EV.' MA.,J ., CLUB ROAD,

W. W%M'"""*



V".-;iOeVrI1Sed the  papers. 3

TS.)

BELGAUM.
 RESPONDENTS

(BY SR1. MK. SOUDAOAR, ADV. FOR R2)

MFA FILED U/S 30(1) OF W.C. ACT AGA1N’STVV’.T_}I73_,’V~.
JUDGMENT AND ORDER DATED. 13/10/2008 E’ASSE D”IN’_””P ‘
WCA. SR»167/2007′ ON THE FILE OF THE LABOUR’::OFF1CER_ ” .
AND COMPENSATION FOR WORKIVIENCOMPENS.ATIEO’N,V,
SUE DIVISION NO.I, BELGAUM, PARTL'{“PA’LLeOWIVNG”
CLAIM PETITION FOR COMPENSATION__ ANDV_*’_T’SEEKI’;NG”

ENHANCEMENT OF’ COMPENSAT’IQN,

THIS APPEAL COMING ON FQ1§i’A_D’1\/IISSNIOAN _TI~Ai_.I;?S DAY,
THE COURT DELIVERED TH_E._FO_LLQW1I’J,G:.._ ‘

JUDGIVIEWNTINN

The appe}.1ar1t””;i3 Seekifig«:eTi}’1aIj1VCement of the

compensatiof: ‘-as “sum awarded by the
Commissioner fO1<._\7v'Ori€:II1erTS'VCompensation, Be}.gaL1m, by the
award cIe;:¢«:c1AIk'3,/A%%Io The Commissioner has awarded

the"sT1%:mV'¢TTRsT.E:T,7a;'1eo/A.
2,"E§eai'd"'_~.,,t'he:'*'iearr1ed counsel for the parties and

,,.A

3. The learned counsel for appellant would contend that

the Commissioner was not justified in reckoning the diysaiimlity

at 45%. Considering the nature of the injuries,

earning capacity should have been cQn.s,idered’i’a’t–:’_a. l’1ig’h.e1~..v

percentage. It is also the contention that t’hie”iwa’g.e’s

by the Commissioner is on the low.e_i~..sidei’and’ tl’ieV_s’a;1’ne..calls * ii

for enhancement.

4. The learned coun.sel:~. re’spoi;ntientwInsurance
Company howeveiliifgi quantum of
compensation It is contended
that in factixthe capacity as assessed by the
Commissioner “it.:selfviis side and therefore the
fur.ther not arise. Even with regard to

theawages, .it’«.is.iicontended that there was no satisfactory

evidence. ‘a;’Vailal3Ie”before the Commissioner and therefore the

_iH_rno’nthly reckoned at Rs.3,000/– is appropriate.

the iight of the contentions, I have perused the

iiawa:rd-ipassed by the Commissioner. With regard to the loss

it
kegs

of earning capacity as assessed by the Commissioner a

perusal of the award would indicate that the Commissionieriin

fact has considered this aspect while answering__issue<'§*$oi.ffi._._".

and 4. Considering all the issues and ._more

reference to the issues at 3 and 4, the"-nat_u1*e o1"~.thei'

suffered by the claimant and the..:Vevidence__tendezredby"the * it

Doctor has been referred Thge-'*dioc11ment.iat'vEx,.l;–5 to 9
have been taken into of Dr.
Suresh Shivalingappaijlfiaraiattii to in detail.
On noticing the the disability stated
by the has assessed the
loss of which in my View is
appropriate _,andiid'oe's nth:-t any further enhancement.

relating to the wages reckoned by the

°"C'ommissi_one.1'~has also been considered while answering the

"issue. H in: this regard the contention of the claimant with

V"«_i'regard'to..the income has been taken into consideration and

iiultimately the sum of Rs.3,000/- per month has been

i

e
F/K

assessed. In the instant case it cannot be in dispute that the

claimant was working as a driver. Even though he_4..wa_si~.a

driver of a light motor vehicle the fact that

coolies the income was being reckoned….a.,t_'Rs;'l'O'0'/ifli'ttler.i

over the same in the year 2007 will h:ave1'_to"Vbei'ke'pt :%.7'ie{n1<f

and in that context considering ti1at~V..he is" a_ d1"_iVer,"'V.atie.ast a 'V '

sum of RS.130/- per day be_reckon,ed.:§ If the
same is done, the monthly si51n3V.of Rs.3,900/ —

If the 60% of purpose of
calculation, the 45°/o loss of earning
capacity il?s';'2;,3l,607/–. Since the
Commissioner of Rs.1,78,160/–, the
claimant V_:enti..i:led.stosgthe balance of Rs.S3,447/– by

v'vayi'of'en'han"ceri1er1t. iiiii

7. ‘TheV___v’c1airnant is entitled to interest on the entire

it”_”co’1nVpe.nVsation” amount at 71/2% from the date of petition till

award and at 12% thereafter. The said rate of

iin_ter*e”st shall be applicable to the enhanced portion of the

re

re

6

amount as well as the amount awarded by the Commissioner.

The amount with interest shali be deposited by the Ins1;ra;r1c_e

Company within a period of six weeks from the dateiof’re’ee§j§:_j_ _

of a copy of this order. On deposit,AA»Vthe

disbursed to the claimant.

In terms of the above, the”appea1″svtar1dsof;

No order as to costs.

hnrn/–