Rudregouda S/O Ningappa B. Vs Reddy Veeranna S/O Sanjeevappa

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 OF W.C. ACT, PRAYING TO ALLOW THE APPEAL AND AWARD THE COMPENSATION OF RS.6,98,651/- EXCEPT THE COMPENSATION AWARDED BY THE TRIBUNAL IN W.C. NO.41/2008 ON THE FILE THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION SUBDIVISION 2 AT BELLARY, DATED 13.03.2012 AND ETC.,

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THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2025:KHC-D:2050 MFA No. 20736 of 2013

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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This appeal is filed by the claimant challenging the judgment and order/award dated 13.03.2012, passed by the Commissioner for Workmen’s Compensation Sub-Division 2, Bellary, in W.C.No.41/2008, seeking for enhancement of compensation.

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Heard the arguments for learned counsels appearing for both the sides and perused the material placed on record.

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The claimant having sustained employment injuries, out of and in the course of employment, has approached the learned Commissioner for seeking compensation and the Commissioner by holding monthly wage as Rs.3,000/- and taking permanent physical disability at 25% and according to the age of the claimant as 19 years, considering the relevant factor of 225.22, has awarded compensation of Rs.1,01,349/- along with interest at the

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NC: 2025:KHC-D:2050 MFA No. 20736 of 2013

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rate of 12% p.a. from after 30 days from the date of accident till the date of deposit.

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The accident is occurred on 23.08.2007. The

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Commissioner has committed an error in taking consideration of Rs.3,000/- as a monthly wage, which is on the lower side. This Court taking note of the age, avocation of the claimant/injured as a cleaner and year of the accident, re-assesses the income of the injured/claimant at Rs.4,000/- per month as per the provisions of the Employees Compensation Act. The Commissioner has committed an error in consideration of disability of the claimant only to the extent of 25% as permanent physical disability. Considering the injuries sustained i.e, fracture of upper 1/3^rd tibia with tibial plateu, fracture of lower 1/3^rd of femur and fracture of base of right thumb, the claimant has sustained 30% of permanent physical disability. Therefore, the permanent physical disability of the claimant/injured is taken as 30%. The claimant was aged 19 years old at the time of accident. Therefore, relevant factor is 225.22, which is rightly taken

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by the commissioner, by awarding 12% interest per annum after 30 days from the date of accident till the date of deposit. Hence, this Court re-assesses the

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compensation as under:

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Rs.1,62,158/- (Rs.4,000 x 60/100 x 225.22 x 30/100).

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Thus, in all, the claimant is entitled to total compensation of Rs.1,62,158/- as against Rs.1,01,349/awarded by the Commissioner along with interest at the rate of 12% per annum from 30 days after the date of accident till the date of deposit.

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The Insurance Company is directed to deposit the enhanced compensation amount within eight weeks from the date of receipt of a certified copy of this judgment.

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In the result, I proceed to pass the following:

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ORDER

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i) The appeal is allowed in part .

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ii) The impugned judgment and award passed by the Commissioner stands modified to an extent that the claimant is entitled for total compensation Rs.1,62,158/as against Rs.1,01,349/- awarded by the Tribunal.

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iii) The total compensation amount shall carry interest at the rate of 12% per annum from 30 days after the date of accident till the date of deposit.

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iv) The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment.

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v) Send a copy of this judgment and award to the Tribunal.

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vi) No order as to costs.

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