High Court Karnataka High Court

The New India Assurance Co Ltd vs Vidur Shankar Mavarkar on 26 November, 2008

Karnataka High Court
The New India Assurance Co Ltd vs Vidur Shankar Mavarkar on 26 November, 2008
Author: K.Bhakthavatsala
 < 'Major in age,'

1

MFA N0. i77f2OG6

IN TEE HIGH COURT OF KARNATAKA

CIRCUIT BENCH AT DHARWAD

DATES TRIS THE 26TH mv OF NOVEMBER :2.Qi3sff  ~ _

BEFORE

THE HOBPBLE rm. msrxcs K. ;BJi"{AKftI-iAV;&.'i$:s;g;,,;;.i'.~  

MXSCELLANEOUS §'1RsTTVAPP;é»..L»';*:§.377j:2§{)'o5«. " 

BETWEEN:

The New India Assurance Co. L_td.,
Divisicmai Oficc, V 
Bclgaum,

Thmugk Regional Ofiice,
P Kalinga Rae Road, 
Bangalc-re--27.

By Duly constitufcd   

(By Sri I)ata1",V Adv;;"f<;_o§: apf:e1jaz1 t} 

3. vi£::=:n¥'  

 _ S'[ {3 
f 0 -Shivaji  '
"  " 1

 éf.' Asz§¢1a_S"5«4avarkar,
 in age',

Mavarkaf: Petroleum,

  V  Kaflhiargi Road,
. _ ' L L 4_ 'r-€Ac:,a_'.:j' Kanakaéasa Cimlc,
 Belgaum.

(By S V Prakash, Adv., for Rwl)
(By Sri Ravish Bfiiliifli, Adv, for R-2)

Appellant

Re: spondents



IVIFA No.177:'2G06
2

This Misceflaneous First Appeal is filed under Section 30(1) of the
Workmen's Compensation Act, against the judgment and order ciateci
17.10.2005 passed in WCA:SR-124/ 2004 01:: the file of the Commissioner
for Wor1<men's Compensation Sub--Division 2, BeIgaun1;'éiWat*ding
compensation of Rs.63,158/--- and directing the appel3antV~.h£:rein. to
deposit the same.  _   
following:

JUDGMENT 4

The appellant] insurance Compaii§=.:ls»before' this  for

setting aside the impugned orfderldatetll '15?51é';A2o0s asadél in WCA:SR--

124/ 2004 on the file of the   Compensation,

Belgaum. _ AV  _ 9 i

2.  ¥3ou}jsei:"-fe'1* submits that respondent

Nos.l and 2 respondent No.1 claimed that
zespendent .gf\f§§:’>.’2 i.’srothe1-fires his employer and he was working as helper

in the he alleged to have sustained fracture. But, the

1.,,mspond’ent’l’._l’§.e;1 proved that he was a Werkman zmder the

VV3:esfio_ndent””‘No.2’ that he sustained alleged fracture during the

U empleyihent and out of empleyment. It is also submitted that

tile tespgendeiit No.1 has not proved Wages that he was getting

f~’§sll:;a’3{).(}.;;–~ per month and he sustained pezmanent disablement to the

40% though the Medical Oficer has deposed that the workman

has disablemefit to the extent of 20%.

L\/

This Appeal coming on for healing thisday,

MFA No.17?/2986

3. On the other hand, learned Counsel for Iesponfiem No.1

submits that there is no illegality 01′ ixlfirrnity in the ~ V.

4. When the matter had come up for’5iiimi$giez;1

iearned Single Judge of this CourtVhasb’:’::1e1z:iae._1{fied ‘:2g.§.é;’~Appgg;1;_.Aj’T+;;m A’

substantial question of law has not been:fo1muié1te,d;
S. In View of the grounds, urged,___fhe__s%1bstae1’t§a1_’Aq2;§istion of law
that arises for consideration in fifiéer:

Whet1;e:~%the.VV{1x$:;afiii:s§;io:ier was guseified in fixing
the wagee “e.f’ the msmnaent No.1 at Rs.1,800/~ and
‘t}:1a’:§;.c’1V”2;1;3.’*:’1i1g ieouzse of employment and out of

V f c1;i:»x§1o_yifie3:i§:;«._._he seefained mjuxy which resulted in
f3t3’L!’f${:¥!::1:t:J3:’£’v V’C1;i::’5§’§’I:1)1Cmf3Il{ ‘£0 the extent of 40% and

é=.§&*fiing ebgefiensafion as per the impugned oreier ?

‘<':i_, Merely respondent Nos.1 and 2 are brothers is not a

£0 contend that there was no workman and empieyer

'A between the respcndexzts herein.

‘«. V7L”Resp0m:1ent No.2 hag filed objecfions admitting some of the

..”V,e~’sz’e1;;’ii.1ents 0f the application and denying that there was 11:) grievcus

injury etc. In support of the ease cf the workman, he has got him

MFA No.1’F7l2{)(36
4

examined as P.W~1 besides examining Medical Ofiioerf Dr. S R Angadi as
P.W-=2. P.W-2/ Medical Omcer, who assessed the disahie1x:Iie_t};t._V of the

workman, has assessed at 20% with Ieference to

the Commissioner has fixes permanent disablement.at_A’%i0f’2E§A.i$§¢«ithoi1t

basis. The Commissioner was justified in fixinguwage-s of’ii1e-wofkiiian at, ‘_j

Rs.1,8{}O/— and that he was a Worktgian iizfiier theiv-:’eAspond1eiit N072
herein and during the course of employxiient and~.oiit ti-éiispioyment he
sustained the grievous inju1§3*;..¢_ “.or.fesu_1t’eVt’1’A permanent

disablement.

8. Thefe is Appeal to the extent that the
Commissioner compensafiou fixing permanent
disabiement; ‘a-a,49°,»£ of 20°/o. Accordingly, the substantial

(2}1Ji.f§S-V1Z1i()TI1′ .f_o’1mi71!stes«for consideration is answered partiy in favour of the

9’

9. Isithe the Appeal is partly allowed and the impugneci

– is holding that the respondent No.1/claimant is entitied

‘rs: of Rs.31,579/- (Rs.1,89(}x6{}%x146.20×2(}°/o) instead of

~ along with intexest as awarded by the Commissioner.

” The Counsels for the contesting parties are éizected to file a joint

mgaxding the amount, which the respondent N<).1[workms,n is

§v{FA N0. 1 7752006
5

entitlezd and the Registry is diracted to transfer the same &?1§_ the

Commissioner for disbursement and the same ammmt shafi be

to the appellant.

N0 casts. V