I1'V.V::VL ,g=:\?;"l§.:;"r3?_;;.§ ' A@WVaradaraju IN THE MIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 9"' DAY OF JUNE 2009 BEFORE THE HON'BLE MR. JUSTICE C.R. KuMARAs wAM'y M.F.A. NO.2474/2008 (\NCr'l-..__ A BETWEEN: A The Manager, Oriental Insurance Co. Ltd., -. No.48, 2"" Floor A 3 Jyothi Mahai, St. Marks Road 2; Bangalore -- 560 001 ' 'V ' Represented by .... ll' The Regional Manager. The Oriental Insurance 4' _ Co. Ltd., Regional Office Leo Shopping Complex » .__ 44/45, Res_lden_cy " ««««« Bangalore --*.S6UQ2:'3 Byits Manager _ ' '~ R' Appellant _Sri 2 V A. Ra"vésléa.n'ka r, Advocate) 0 "Late ..Periya Swa my Ag4ed__2'S. years fig/X, (4) The first respondent -- Insurance Company has
filed the objections statement in the Court of Commissioner
for Workmen’s Compensation denying the averme:;’i’ts«’..’rn..a:d’e.v”
in the ciaim petition except admitting the–~Vi~ssL}~a:n’ee«.Ao’_:”
insurance policy to the vehicle in ques:t’»i_Von:._fi..:’ 4′
(5) The sum and substanVce’:o’f» the the
Court below are as under: * V’ ‘C it it
The {earned Workmen’s
Compensation ciaimant at
Rs.4,000/- age i.e. 22 years,
adopted 22iH.’37 and assessing the
loss of earniingé * 65% has awarded a
comp’ensa..t£pni’~ofVRsV;.3;fiSy:337/~ (Rs.2,4o0 x 222.37 x
(QAx”§’:eei’ing.{:..a’g.grieved by the same, the appellant —
_ wingsgurance Compariy has preferred this appeal.
(/
(7) Learned counsel for the appellant submits that”‘t.he
evidence of the doctor discloses that the
suffered disability of 63% to both the lower iirnbs_j~–aVnd..:2l:1_°/5
to the whole body. Therefore the Qfuearnifaég’
assessed by the Commissioner at=’65°/o is.or. thei.»h’%igheVr
and prays for reducing the same.
(8) I have ca refully PW-2 is the
doctor who examin_ed:’iA;th’e stated in his
evidence that on Varadaraju and
found that viz., fracture shaft
(R) femur knee. He has also stated
in his ey’it§le’r;ce ‘disabiiity of the claimant as
under{‘.y
1. of pain in both knee joints,
‘ V-..___._|im;3swhile .wa.i’j_’r_<ing and difficulty in squating : 20%
.j%_2«..,,F44|'exion ®~ ltnee last 30 degree reduced
sf (aux 0,3) : 9%
hip last 40 degree reduced
'{4QV_x5O.3) : 12%
10
3) The claimant is entitied for interest at 12% per annam
from one month from the date of adjudication.
4) The excess amount, if any shalt be
Insurance Company.
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