JUDGMENT
1. This appeal is against the judgment and award dated 23-8-1999 passed by the Labour Officer and Workmen’s Compensation Commissioner, Davanagere, in KA.A.DA/KA.NA.PA/CR/97/98, allowing the claim petition for compensation.
2. The respondent is the applicant. He filed a petition before the Commissioner for Workmen’s Compensation stating that he was working as a driver in the bus bearing No. KA-16:3270. On 17-1-1998, he was driving the said bus from Davanagere to Bangalore. At about 6.30 p.m., there was a collision between the bus and lorry which was coming from the opposite side. On account of this accident, there was a fracture in his right hand, injuries on both the legs and on the left side of the abdomen. In all there are 12 documents marked on behalf of the claimant. The claimant has given the evidence and one Dr. H.V. Dayanand, Orthopaedic Surgeon has also deposed. The Commissioner has come to the conclusion that the petitioner was suffering from 100% disability. As such, he has awarded the compensation of Rs. 2,91,322/-.
3. Mr. R. Jaiprakash, learned Counsel for the appellant has relied upon two decisions namely, Syed Abdul Samad and Anr. v Jabbar Hussain and Nisar Ahmed Abdul Rahiman Killedar v Babulal Achal Singh Raj Purohit and Anr.. Relying upon these two decisions, Mr. Jaiprakash contended that the evidence of the Doctor has to be taken into consideration and the due weightage has to be given as the alleged injury is non-schedule injury.
4. The two decisions also make it very clear that the submission of Mr. Jaiprakash has got some force. In this case, the Doctor has spoken that there is a loss of 40% earning capacity. The multiplier employed and the wages taken are correct. Only the compensation has to be reduced from 100% to 40%. If 40% disability is applied, it comes to Rs. 99,830.40. In the light of these observations, the following order is passed.–
In the result, the appeal is allowed in part and the compensation is reduced from Rs. 2,91,322/- to Rs. 99,830/-. The remaining portion of the order stands unaltered. The amount deposited if it is in excess, after satisfying the award shall be refunded to the appellant 2.