High Court Karnataka High Court

Sri K Raju S/O Krishnappa vs Sri Rangaswamy S/O Rangaiah on 8 August, 2008

Karnataka High Court
Sri K Raju S/O Krishnappa vs Sri Rangaswamy S/O Rangaiah on 8 August, 2008
Author: S.R.Bannurmath & Gowda
IN THE HIGH COURT OF KARNATAKA AT B»ANGAl,§J_i§.*V;EV":' %.%

DATED THIS THE 3"' DAY or AUGUST, zoéfi  K  

PRESENT)

me Honme MR.Jus11cgs.R.Aagmsuangm - = "

A N 0 if   V
THE H()N'BLE MR. JUSTEE, A.N;%'%vE:4%;i§50PALAL GOWDA
MISCELLANEOUS FIRST Avéssijhso.11i24s;i12oo5(wc)

BETWEEN:

Aged abou.t%_31"y._e'&r£:;;.. _ , '

C/0 Krishna,  _ E '  _
No.309, Harm se'e::iv,._'- _  %
I-iinkai, Mysore.    

Sri. K. Raju,     V

 Appeflant

_. _(By  Nata raju A:-}.éociv:2|tes, Advs.,)

1;" ~.S'fi, i(a§§ g#ss¥fari:y, Major,
Sfo. Ra_B§'3_§'3h, D.NO.3592/2,
6"" Creissy 'Tiiak Naoar,

 Mysctfe :.DIstߢ.

.    New India Assurance Co., Ltd.,

V 'A (By Sr!.Vishnu. D. Bhat, Adv., for R1,

 No'.73, 1" Fioor, Madhvesh Compiex,
Elfiazarbad Road,
" Mysore-570 O10.
 Rmondents

Sri. A.K. Bhat, Adv., for R2)



This Misceiianeous First Appeal is flied under Section

30(1) of The Workman Compensation Act against thevordetr-..
dated 30.9.2006 passed in WCA No.129/'Z005 on theéflie' of * V.
the Labour Officer and Commissioner for _.'N0fi(:Ti'En  ' _
Compensation, Mysore District, Mysore, partiy aiiomnjgthei' 
claim petition for compensation and seeking.én'tian'ce'ment  

of compensation.

This Appeal coming on for adniiiseiion thio.'£'i-iv, 

VENUGOVALA GOWDA, 1., deiiyered the foiio9yi'n;g_:....VV 
Appeiiant is the petiti-oneirn yv¢e:;h]cR-12o}2oo5 NF
on the fiie of the Lander  ,,.¢orkmen's

compensshtioiiti ('(_.--'ornmissioner' for short),
Mysore Di¥.'st;jk':t,%  '_Tne'i:*'esoondents herein were the

respoiidents iii theesaiottihcaée. The said petition was filed

 tn'ée;i:3eiiant contending that, wniie he was working as

driyv7e'réi.5i:,2oo5 in Maxi Cab bearing Registration

   and during the course of employment

 i-eitinm No.1, he met with an accident and

it   grievous injuries to his right leg, left leg, nose

  .« aii over the body. He took treatment as an in-patient

 Cat K.R.hospEtai, Mysore, for the injuries suitiinmi in the

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earning capacity and consequentiy new that he is entitled

to a compensation of Rs.49,915/- togaher with ihtere;-fiat.'

12% p.a. from the date of accident from   

respondent Insurance Cornnany. Dissatisfied.'v_'4_witiiA.i.:'tne it 

quantum of award and to grant the icom’neer_;s’a.ti¢’n’

in the ciaim petition, this appeaithaas bee_ni;3refer.ree’..,’: 1

3. We have heard i;earneqi.entinsei.L’for’t’he-,ap!;;eiIant

and the respondents and _

4. Learneti;».’ceti:;nse’i*-iifet thevaaaavpeiiant by taking us

through the 2 and the documents,

specifically I-§<ts,%?5 ta contended that the Comrnissiener

In assessing the loss of earning capacity at

the ioss of earning capacity should be

asseased atIe7'a§st't1'at 45% and the impugned award is iiabie

:9 be madam.

” ” *5: Per contra, learned counsel for the 2″” respondent

..i1.n§u;ance Company contended that, in timracts and

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circumstances of the case the award passed

Commissioner is justified.

6. Considering the rival submiaeioijsr

the substantiai questien requirea coneidere§i”ie._:.t_._VV

Whether thevCu.mm_issioiner isjiustified in
assessing the less or ~ea.rr:in§’ r;aba’city’–.. at 13%
despite documentary evidence “e..j’~?5_’_’..to P9
and the evidfiflfie ofiawtz’? ‘ V ”

7. The5’ja,i;bei’lVaint. as PW.1. 1*’
respondehtWemtievdyeifhe’s.:”edrri’itted that the aforesaid
vehicie was i’nvdlved’v§§i~.the_:;accEdent and that the appeiiant

was the_drive’r atrtrte met the accident occurred. The

itVfirsdinet$’bfa_the«Comrrii§si’dher with regard to Issue Nos.1, 2,

‘S final, since there is no cross appeal by

t the”re:epondeeVts3. Hence, we have to examine in this

tt”‘~.-«.___appeai, “the finding rendered with regard to Issue No.4

8. Appeiiant during the COUTSE Of I135 examination 35

V i’ :PW.1 has stated about the injuries sustained i_ay'{iim in the

accident, the treatment taken and the disabiiity ‘é

he suffers. As per wound certificate, the ro:Iow::§g;.,,§n3t;r§e§ ” ‘ L

were found by PW2.

a. Rt. Leg, Rt. Knee swollen;

b. Deformity of the Rtieg present; 3
c. Abnormai mobiIet§4′;~…¢ryptd’?$
d. Punctured wound aspect,
bleeding’ I
e. V

f. toe.

Referring to “‘E,x.P9,V”i:heAV.X»rSye, PW2 has stated that, they

. ‘show ct§rrimunited’AE.riter eondylar fracture of right tibia with

of great toe. He has also stated that, on

e)t’arri’i’nati6r§,’v_v».or§.;,”i3.3.2006, he has found the foilowing

-injuries:

V ” =a_. He had tenderness and sweiiinc of Rt. Knee;
V Knee movements are restricted to 70 degree
c. Movements are painfui;

d. Various deformity of the Rt. Leg by 2 Cms.

K

,4′.

inpatient, Ex.P8, Pass book of the said hospital and Ex.i?9,

the X~–rays and the evidence of PW.2, the

disability at 10% by the Commissioner, _

erroneous. There is misreading of the..,eyider3<§e'oi5'_iff*iiii.?t by u

the Commissioner, leading to an i.iieg;aiity"a§:a

substantial question has arisen 'for:

Considering the nature of injurieie-:_as_V_vnotie.-.3g;[;,yvvVf%PW.2,
which are not in aispute,is_ i*.easovn'ebie.:'bto., ho-id that the

percentage of total q.iAsei1ii:itv* it 15% and

consequently 'rthiereiitiiie ieesf'-of e_e'rn'ing capacity of 15%.
Hence, the inwardVV'req«Qiresi'i*te'V.be modified. The age and

income of the"eppeiie~nt'hes~–been correctly assessed by the

t-ie'riee«," the appellant is entitled to be

.Vey_iiare.e:1"vthe;"'ieornpensation of Rs.74,872.80, which is

rouinawteti of'toe?'i_i2§i.74,875/~ i.e., (Rs.4ooox6ox2o7.9sx1s 979:

'}?4;i',872.&i3R)';. To the said extent, the learned Commissioner

i'ia'sA.xj:or:1mitted a material error and iiiegaiity. Hence, the

V' ..__"V'irnni.igned award requires to be modified. L

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