Karnataka High Court
The New India Assurance Co.Ltd., vs R A Pande @ R.A.Pandian S/O ... on 22 July, 2021
Author: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22ND DAY OF JULY 2021
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
MFA NO.22188 OF 2010 (WC)
BETWEEN:
THE NEW INDIA ASSURANCE CO.LTD.,
SRINATH COMPLEX, N.C.M.HUBLI,
BY ITS REGIONAL OFFICE,
NO.2-B, UNITY BUILDING ANNEXE,
MISSION ROAD, BANGALORE-560 027.
REPRESENTED BY ITS
REGIONAL MANAGER.
...APPELLANT
(BY SRI.VIJAYAKUMAR B.HORATTI, ADVOCATE FOR
SRI.RAVI G.SABHAHIT, ADVOCATE)
AND:
1. SRI.R.A.PANDE @ R.A.PANDIAN,
S/O. ALAGARNAMI,
AGE: 53 YEARS,
OCC:DRIVER, R/O.YASTAMALAPATTI,
TQ: NALKOTE,
DIST: THINTAKAL,
STATE: TAMILNADU.
PRESENTLY RESIDING AT HUBLI.
2. SRI.MANIMURAGAN,
AGE: MAJOR, OCC:BUSINESS,
AND OWNER OF TRUCK NO.TN-10/8865
R/O.55/7, 1ST CROSS,
SRI.SAIBABA COLONI, VIRUGAMBAKKAM,
DIST: CHENNAI, STATE: TAMILNADU.
...RESPONDENTS
2
(BY SRI.K.ANANDKUMAR, ADVOCATE FOR R1
R2 IS SERVED BUT UNREPRESENTED)
THIS APPEAL IS FILED UNDER SECTION 30 (1) OF WORKMEN
COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED
15.03.2010, PASSED IN WCA-NF/172/2007, ON THE FILE OF THE
LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION,
SUB-DIVISION I, HUBLI, AWARDING THE COMPENSATION OF
RS.1,88,700/- WITH INTEREST AT THE RATE OF 12% P.A. FROM THE
DATE OF PETITION TILL ITS DEPOSIT.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The only substantial question of law raised by the appellant-
Insurance Company is challenging the award dated 15.03.2010
passed in WCA.NF No.172/1007 by the Labour Officer and
Workmen's Compensation Commissioner, Hubli Sub Division-II,
Hubli (for short 'Commissioner') that the loss of earning capacity
assessed by the Labour Commissioner at 58% is on the higher side
and in the facts and circumstances of the case, it is required to be
reduced as it is not based on evidence.
2. There is no dispute with regard to fact that the claimant
herein was working as driver in respect of lorry bearing registration
No.TN-10/8865 owned by respondent No.1-Sri.Manimuruagan and
insured with the appellant-Insurance Company. There is also no
dispute about causal-connection between the employment and the
accident.
3. A perusal of wound certificate issued by Karnataka
Institute of Medical Sciences ( for short 'KIMS'), Hubli with
reference to the X-ray taken on claimant, clearly shows that
claimant had suffered serious fractures of 5th, 6th and 7th ribs on
left side and communited fracture of lower end of right femur and
upper end of right libia and also fracture of mid-shaft of both tibia
and fibula of left leg. It is supported by the summary sheet
produced before the Court given by KIMS, Hubli at Ex.P12.
Disability certificate is issued by the professor, Dr.Veerendra
K.Bhasme of KIMS, Hubli. After detailed examination and evaluation
of after effects of the fracture, he has opined that the claimant had
suffered 55 to 58% permanent total disability. Learned
Commissioner on evaluation of entire evidence and also the nature
of employment of the claimant, has recorded a finding that loss of
earning capacity is 58%. Such finding is based on evidence which is
not liable to be interfered with as held by the Hon'ble Supreme
Court in the case of Golla Rajanna & Others Vs. Divisional
Manager & Another reported in (2017) 1 SCC 45 and same is
not liable to be interfered with. Under these circumstances, I am of
the view that assessment made by the learned Commissioner is
based on evidence and therefore, same is not liable to be interfered
with in an appeal filed under Section 30(1) of the Workmen's
Compensation Act, 1923.
In view of the above discussion, I do not find any merit in
the appeal and hence, I proceed to pass the following:
ORDER
a) The above appeal is dismissed.
b) The amount in deposit before this Court, if any, shall be
transmitted to the jurisdictional Court of learned Senior
Civil Judge along with the records forthwith.
Sd/-
JUDGE
SB
