Dismissed

The Manager Legal United India Insurance Co..Ltd., v. Shivanand @ Shivappa and Anr.

Karnataka HC2 Aug 2014MFA/31646/2012

Case brief

AI extract

What is this about?

In this first appeal, the insurer challenged the Commissioner's award of compensation for workmen's compensation. The Court rejected the appeal, holding that the Commissioner's acceptance of medical evidence was not illegal absent a failure of cross-examination, and that medical bills sufficiently supported the award.

What did the court decide?

The first appeal is rejected; the respondent is permitted to withdraw the amount in deposit.

The Manager Legal United India Insurance… — Pension and Retirement Benefits | Karnataka HC (2014)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH

¶3

DATED THIS THE 2^ND DAY OF AUGUST, 2014

¶4

BEFORE

¶5

THE HON’BLE MR.JUSTICE ANAND BYRAREDDY

¶6

��

¶7

BETWEEN:

¶8

The Manager Legal, United India Insurance Company Limited Bijapur. – 586 101. Through its Divisional Manager, Shri B. Vishwanath.

¶9

… APPELLANT

¶10

(Shri Manvendra Reddy, Advocate)

¶11

AND:

¶12

Shivanand @ Shivappa S/o Rayappa Naikodi, Age: 20 years, R/o Basavana Bagewadi District: Bijapur – 586 103.

¶13

Sangappa S/o Laxman Angaragi Age: Major, R/o Basavana Bagewadi District: Bijapur – 586 103.

¶14

… RESPONDENTS

¶15

¶16

(Shri Sudhirsing R.Vijapur, Advocate for respondent No.1 Respondent No.2 is served)

¶17

This Miscellaneous First Appeal is filed under Section 30 (1) of the Workmen’s Compensation Act, 1923 against the Judgement and Order dated 22.06.2012 passed in WCA No. 54/2011 on the file of the Labour Officer and Commissioner for Workmen’s Compensation Sub Division No.2 at Bijapur, partly allowing the claim petition and awarding compensation of Rs. 2,19,590/- with interest at 12% per annum.

¶18

This appeal coming on for Admission this day, the Court delivered the following:

¶19

JUDGMENT

¶20

Heard the learned counsel for the appellant. The appellant is the insurer seeking to question the award of the Commissioner for Workmen’s Compensation.

¶21

The award of the Commissioner for Workmen's Compensation is said to be questioned on two grounds. Firstly, that the disability assessed by the medical practitioner in respect of the claimant was at 25% to the whole body, which has been mechanically accepted by the Commissioner for Workmen’s Compensation. Secondly, the medical expenses have been

¶22

¶23

awarded in a sum of Rs.1,06,397/- and that the same was exaggerated and not supported by bills.

¶24

In so far as the first contention is concerned, the Commissioner for Workmen's Compensation having accepted the opinion of the medical practitioner, it cannot be said that there is any illegality committed. It was for the appellant to test the opinion of the medical practitioner in evidence when the said Doctor was offered for cross-examination. That not having been done, there can be no complaint about the assessment or

¶25

an acceptance by the Commissioner for Workmen's Compensation.

¶26

In so far as the second contention that the medical expenses are not supported by documentary evidence is also not found to be tenable, as records are made available and it is seen that the respondent No.1-claimant had furnished bills in a sum of Rs.1,60,400/-, whereas the amount awarded is Rs.3/- less than Rs.1,60,400/-. Therefore, there is no substance in this

¶27

¶28

appeal. In any event, no substantial question of law arises for consideration and therefore, the appeal itself is not maintainable and the same is rejected.

¶29

The respondent No.1-claimant is permitted to withdraw the amount in deposit.

¶30

Sd/JUDGE

¶31

swk

The Manager Legal United India Insurance Co..Ltd., v. Shivanand @ Shivappa and Anr.

Case brief

What is this about?

What did the court decide?

The Manager Legal United India Insurance Co..Ltd., v. Shivanand @ Shivappa and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Icici Lombard Gen.Ins, Co.Ltd, Vs Irayya S/O Nagayya Hiremath Anr.

Smt Vijayashri W/O Gundappa Rathod Vs the Md, Msrtc (St)

The Divisional Manager Vs Sri. Ravindra @ Ravi S/O Shrimanth Itagi (Pujari)

Ramesh @ Ramanna S/O Govindappa Vs Sadiq Ahemad S/O Busheer Ahemad Khajiand Anr.

Sharanappa S/O Hemareddy Besatti Vs Sadiq Ahemad S/O Busheer Ahemad Khajiand Anr.

Shashikala W/O Alte Govardhan Korekar and Anr. Vs Umesh S/O Shanmukappa and Anr.