Rs.1,10,502/~ with interest at 12% p.a. from after 30 days from the date of accident till deposit. This Appeal is coming on for admission this day, the Court delivered the following: 3 U D G M E N T This appeal is byis that} insnranceglxcdmpanyl challenging the quantum of compensaticn awarded"b§ the Labour Officer & Workmensfl Compensation pommissioner, -. Chitradurga (hereinafter_ "referred "*£§ as The Commissioner' for shortii ;,"fjF¢: the sake of convenience4'Kparties§.are. referred to as they are referred? tor in_ the _§;éim5 petition before the commissionerq.," 2. Briefi facts of the case are: "t On 30.§f20Qg,when the claimant was driving the ' i¢:;y_ bearing" Reg.MED~7240 belonging to Respondent~2
“hérei5,Y;;h§” Lorry met with an accident and he
sustained injuries. Hence he filed a claim petition
‘V, before” the Comissioner seeking compensation and it
‘a§as* resisted by the insurance company by filing
u”v~statement of objections.
@%
3. The claimant in support of his claim has examined
himself as PW–l and the doctor who treated him as
PW-2. He has produced as many as 8 docu_:hen<tis'–VV which
are marked as Ex.P-1 to 8. The
examined its official as RW–_1,_y,V and pro'duced= insurance-..
policy as Ex.R–2(l).
4. The Commissioner afte”t;:”gonsiideringjt oralliiand
documentary evidencekon impugned judgment
has held that the ciataaht has established that he has
sustained \’5;¢é’i.def:;.£’V”‘occurred in the
course ofi. he is entitled to
seek the commissioner taking
note the nature of his job,
wages drawn,» nature injuries sustained by him and
the”‘~I:ii:siability”«stated by the doctor and assessing the
‘3,os3_ -._off’.._e’arning capacity at 25%, has awarded
taapenéationf of Rs.l,10,502/– with interest at 12%
after days from the date of the accident.
,VAgt_:;rieifed by the same, the insurance company is in
it gg
5. Sri.N.C.Seetharama Rao, learned counsel for the
insurance company submits that the insurance company
in order to know the nature of injuries sustained by
the claimant in the alleged accident’ fmadef_ an
application before the Comissioneryseeking.direction
to subject the claimant fora exawination dby_ Medical_:
Board but it was rejected,\ Therefore he subeits that
the comissioner having ‘regectedb’the’Eanblication is
not justified invLassessifighE%fi¢ itttl of earning
capacity at 25% in “the labsengéfiéff evidence of the
doctor to thatKeffect.g–5
6. With regard to awarding of interest at 12% after
30 days’ from _tr4é«..da.tiétA..§’a:. award, he submits that it is
contrary to thegjudgfient of the Supreme Court in the
cas_’e5′.:. QRIEI§’i’AL ____ INSURANCE co. LTD. Vs. MOI-ID. NAZIR
he’A$D,ANQTHE3f{A.I.R. 2009 S.C.W.–3717). Hence he prays
to allow the appeal by setting aside the judgment and
award fiassed by the Comissioner.
sq
“rip, h§Per contra, Sri.Madhukar Nadig, learned counsel
ll abpearing for the claimant submits that the claimant
apart from examining himself as Pwml has examined the
fig.
:,u
do not propose to interfere with the said finding of
the Comissioner.
10. The doctor who treated. the claimant Whas” issued
the disability certificate stating’ thatf thew claimant
has stained 25% disability to the limhfx *He_has,pot’
stated the disability caused! toh’the_*who1e;,hody? and.d
what is the loss of earning capacity sestained by the
claimant on account of the ifijuri sestained by him in
the accident. Of cohnse in the absence of evidence of
the doctor to that effect itflnat not he proper for the
Comissioner to assess the.loss_of earning capacity at
25%. “Instead. St” teeandifigw the matter on technical
groundsf to ‘theicConmissioner for re–consideration,
considering the materials available on record, it is
« just and proper to assess the loss of earning capacity
heat 15% as against 25% assessed by the comissioner. If
that i§”s§ ‘the compensation works out to Rs.66,3OG/–
2. (4056 x shrine = 2400 x 184.17 x 15/100).
‘ii,v2With regard to awarding of interest at 12% p.a.
V7_ “after 30 days from the date of the award, the matter
is covered by the judgment of the Supreme court cited
supra.
12. Accordingly the appeal is allowed. Judgfient and
award of the Comissioner is hereby medifiedlq ‘The
Claimant is entitled for a total compensatibfi of 35.
66,300/~ as against Rs.l,iQ,5Q2féh;awarded,rhyd the d
Commissioner with interest at 7.5% p.atWfrom the date
of claim petition till the date of award and 12% p.a.
from the date of award till the date of nafment.
13. In view of the defiosit of the entire amount of
compensation by the insuranae comfiany while preferring
the appeal, series is directed to calculate the amount
payable to the slaimant as per this order and refund
the balance amount if any to the insurance company.
_*§Claimant ‘is _____ “permitted to withdraw the amount
dg before this court itself.
‘ 4″ * -. “R./1.2 1 009”
.’._Noherderias to costs.
Sd/~
IUDQE