Karnataka High Court
The Divisional Manager vs Sri Annappa @ Anasaheb Balasaheb ... on 10 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10 T H DAY OF MARCH, 2022
BEFORE
THE HON 'BLE MR.JUSTICE N .S.SANJAY GOWDA
M.F.A.No.21750/2010 (WC)
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO.LTD.,
RAMDEV GALLI, BELGAUM,
THROUGH NATIONAL INSURANCE COMPANY LTD.,
DIVISIONAL OFFICE, SUJATA COMPLEX,
NEAR OLD BUS STAND, HUBLI,
REPRESENTED BY ASSISTANT MANAGER. ... APPELLANT
(BY SHRI S.K.KAYAKAMATH, ADV.)
AND:
1. SRI ANNAPPA @
ANNASAHEB BALASAHEB DESAI,
AGE:30 YEARS, OCC:DRIVER,
R/O CHACHADI, TQ:SAUNDATTI,
NOW AT H.NO.59,
MAHANINGESHWAR NAGAR,
GOKAK, DIST:BELGAUM.
2. ASHEEP N SHETH
AGE:MAJOR, OCC:BUSINESS,
M/S SHETH TRANSPORT CORPORATION,
IN FRONT OF INDAL, P.B.ROAD,
BELGAUM. ... RESPONDENTS
(BY SHRI SHARAD V.MAGADUM, ADV. FOR R1,
R2 SERVED AND UNREPRESENTED)
THIS APPEAL IS FILED UNDER SECTION 30 (1) OF
WORKMEN'S COMPENSATION ACT, 1923, AGAINST THE
JUDGMENT AND AWARD DATED 30.12.2009 PASSED IN
:2:
W.C.A.SR.196/2007, ON THE FILE OF THE LABOUR OFFICER,
AND COMMISSIONER FOR WORKMEN COMPENSATION, SUB-
DIVISION-I, BELGAUM, AWARDING THE COMPENSATION OF
RS.2,12,371/- 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 fact that an accident occurred when the
claimant was driving the truck of his employer is not in
dispute. The fact that he suffered grievous injuries and
permanent disability is also not in dispute. The further
fact that the vehicle in question was covered by an
insurance policy is also not in dispute.
2. The only question of law that arises for
consideration in this appeal is:
"Whether the Commissioner was justified in
assessing the loss of earning capacity at 50%
having regard to the assessment of permanent
disability of 35% in respect of the left upper limb?".
3. The Medical Practitioner who has been
examined has assessed the disability at 35% in respect of
the left upper limb. The Commissioner has determined
the loss of earning capacity at 50% having regard to the
fact that one of the limbs had suffered a disability of 35%.
In my view, the said assessment of loss of earning
capacity at 50% would be incorrect and it would be more
appropriate to consider the loss of earning capacity as
35% instead of 50%.
4. The income determined by the Commissioner
at Rs.3,600/- deserves to be affirmed and is accordingly,
affirmed. The claimant would therefore be entitled to a
sum of Rs.2,160/- (60% of Rs.3,600) X196.97 (relevant
factor) X 35%=Rs.1,48,909.32 which is rounded off to
Rs.1,48,910/-.
5. In view of the above, I pass the following:
ORDER
(i) The appeal is allowed in part,
(ii) The Judgment and Award dated
30.12.2009 passed in WCA/SR-
196/2007, on the file of the
Workmen's Compensation, Sub-
Division-I, Belgaum, is hereby
modified. The claimant is entitled
to enhanced compensation of
Rs.1,48,910/- instead of
Rs.2,12,371/- awarded by the
Tribunal.
(iii) The appellant/Insurance Company
is directed to deposit the enhanced
compensation after deducting the
compensation already paid along
with interest @ 12% p.a. from the
expiry of 30 days from 16.01.2007
before the Commissioner for
Workmen's Compensation within a
period of 90 days from the date of
receipt of certified copy of this
judgment,
(iv) The amount awarded shall be
disbursed in the same terms as
that imposed by the Commissioner
for Workmen's Compensation.
(v) The amount in deposit be
transmitted to the Commissioner
for Workmen's Compensation for
disbursement in accordance with
law.
(vi) The amount in excess shall be
refunded to the appellant.
(Sd/-)
JUDGE
Jm/-
