In a first appeal for enhancement of workmen's compensation, the High Court of Karnataka enhanced the disability assessment from 10% to 20%, thereby increasing the award amount.
The appeal allowed in part; disability percentage enhanced to 20-25%; compensation increased.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 25th day of September, 2013
Before
THE HON'BLE MR JUSTICE HULUVADI G RAMESH
Miscellaneous First Appeal 5518 / 2012 (WC)
Between
Sri Somashekar, 43 yrs S/o Ramappa, R/o Bosenahalli Village Channagiri Taluk, Davangere
Appellant
(By V B Siddaramaiah, Adv.)
And
Respondents
(By Sri K N Srinivasa, Adv.)
First Appeal is filed under S.30(1) of the Workmen's Compensation Act, 1923 praying to modify the award dated 23.4.2012 in Case No.56/2008 by the Commissioner for Workmen's Compensation, Davangere.
First Appeal coming on for Orders this day, the Court delivered the following:
JUDGMENT
Appeal is by the claimant for enhancement of the compensation. The Commissioner for Workmen's Compensation, Davangere on the application filed for awarding compensation towards the employment injury sustained by the the claimant/workman, a driver of the goods autorickshaw who has sustained injuries like fracture of the clavicle and fracture of the right radius, though the doctor has assessed functional disability at 35%, however, taking the disability at 10%, has awarded total compensation of Rs.44,856/-.
The grievance of the workman is, though the doctor has assessed the functional disability based on the injuries sustained but without assigning any reason, the percentage of disability is reduced. However, taking into consideration that there is some exaggeration by 10-12%, taking the disability between 20 to 25%, the workman would be awarded compensation of Rs.90,000/-. He is also entitled for interest at the rate of 12% from one month after the date of accident till deposit. Insurer to
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deposit the amount in three months.
Appeal is allowed in part.
Sd/Judge
an
2 issues framed by the court
Whether to enhance the disability percentage and award higher compensation in a first appeal under the Workmen's Compensation Act, 1923.
Whether the workman is entitled to interest on the awarded compensation.
1 provisions across 1 enactments
Sri Somashekar
Oriental Insurance Co Ltd
Sri Ashwathnarayana Shetty
HULUVADI G RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
