Sri Ramesh Vs K.P. Saidu

THIS MFA IS FILED U/S.30(1) OF EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DT.21.12.2019 PASSED IN ECA NO.32/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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This appeal is filed by the injured-claimant seeking enhancement of compensation, being aggrieved by the judgment and award dated 21.12.2019 passed in ECA.No.32/2018 by the II Addl. Senior Civil Judge and JMFC., Chikkamagaluru, (for short, 8trial Court9).

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Sri.Venkate Gowda K., learned counsel for the

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appellant-injured submits that the dispute in this appeal is only limited to the extent of assessing the disability of the

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HC-KAR

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injured. It is submitted that the appellant-injured has sustained disability to the extent of 55%., however the trial Court has erroneously assessed the disability at 18.33%. Hence, he seeks to re-assess the disability by allowing the appeal.

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Per contra, Sri.Ravish Benni, learned counsel

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for the respondent No.2-Insurance Company supports the judgment and award of the Tribunal.

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I have heard the arguments of the learned

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counsel appearing on both the sides and perused the material available on record.

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The appellant-petitioner, during the course of employment, met with an accident on 16.09.2018 and sustained L2 compression fracture with pedicle screw and he was provided treatment at M.G.Hospital, Chikkamagaluru. In support of his contention, he has examined Dr.Sudhakar as CW1, who assessed the disability to an extent of 55% to the particular limb.

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HC-KAR

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Considering the same, I am of the view that the disability

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is required to be re-assessed by considering the evidence of CW1 and other medical evidence on record. Accordingly, the disability is re-assessed at 30%. Having re-assessed the disability at 30%, the compensation is re-assessed as under:

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Rs.8,000 x 169.44 x 60% x 30% = 2,43,993.60.

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The trial Court has awarded the compensation of Rs.5,470/towards medical expenses, which is unaltered. Thus, in total, the appellant-injured is entitled to modified compensation of Rs.2,49,463.60 (Rs.2,43,993.60 + 5,470) and the same is rounded of to Rs.2,49,470/- as against Rs.1,54,550/- awarded by the trial Court, with interest at 12% per annum from the date of petition till its realization.

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In the result, this Court proceeds to pass the following:

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ORDER

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HC-KAR

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a) Appeal is allowed in part .

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b) The impugned judgment and award of the

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trial Court is modified to an extent that the appellant-claimant would be entitled to a total compensation of Rs.2,49,470/- as against Rs.1,54,550/- awarded by the trial Court, with interest at 12% per annum from the date of petition till its realization.

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c) The respondent No.2-Insurance Company shall deposit the enhanced compensation amount of Rs.2,49,470/- before the trial Court within a period of six weeks from the date of receipt of certified copy of this judgment.

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