IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.No.8668 OF 2010 (WC) BETWEEN:
New India Assurance Co. Ltd. Branch Office, Bagalur Mansion Doddapet, Kolar Now represented by its Regional Manager New India Assurance Co. Ltd. Regional Office, 2-B, Unity Building Annexe, P. Kalinga Rao Road Bengaluru – 560 027 ... Appellant (By Sri. A.N. Krishnaswamy, Advocate) AND:
1. G. Muniraju S/o. Giriyappa Now aged about 27 years R/o. Kalappanahalli Village Hosakote Taluk Bengaluru Rural District 2. N. Keshavamurthy S/o. Late Narasimhaiah Major # 29, HMT Layout M.L. Puram Bengaluru – 560 086 ... Respondents (By Sri. N. Gopalkrishna, Advocate for R1; R2 – served, unrepresented) This MFA is filed under Section 30(1) of W.C. Act against the Judgment dated 16.06.2010 passed in WCA/NFC-10/2008 on the file of the Labour Officer and Commissioner for Workmen Compensation, Chickballapur District, awarding a compensation of Rs.2,13,439.44/- with interest @ 12% from 30.01.2004 till deposit in Court.
This MFA coming on for Final Hearing, this day, the Court delivered the following:
JUDGMENT The appellant – insurance company is before this Court under Section 30(1) of Workmen’s Compensation Act, 1923, assailing the judgment and award dated 16.06.2010 in WCA/NFC-10/2008 passed by the Commissioner for Workmen’s Compensation, Chickballapur.
2. Respondent No.1/claimant filed claim petition under Section 22 of the Workmen’s Compensation Act, 1923 seeking compensation for the injuries sustained during the course of employment. It is stated that the claimant was working as driver under the first respondent suffered accidental injuries on 30.12.2003 while he was proceeding as driver of Tempo bearing registration No.KA-06/8015.
3. Respondent No.2 - insurance company filed its objection denying the claim averments. The claimant examined himself as PW.1 and produced Exs.P1 to 14.
4. Based on the material on record, the Commissioner awarded a total compensation of Rs.2,13,439.44/- taking 41 % as ‘loss of earning capacity’. Insurance company is before this Court in this appeal aggrieved of the assessment of 41% earning capacity.
5. Heard the learned counsel for the appellant and learned counsel for the respondents at length.
6. After arguing for sometime, the learned counsels for both parties submit that the earning capacity taken by the Commissioner at 41% be reduced 30 % and the award be modified to that extent.
7. Taking note of the submissions of the learned counsel for the parties and on going through the available records, the award is modified and ‘loss of earning capacity’ of the claimant assessed by the Commissioner at 41% is modified and assessed at 30% as agreed by the counsels for the parties.
8. Thus, the claimant would be entitled for reduced compensation of Rs.1,56,175/- as against Rs.2,13,439.44/- with interest as awarded by the Commissioner.
Accordingly, the appeal is allowed in part.
The amount in deposit be paid to the claimant – respondent No.1.
Excess amount if any in deposit, be refunded to the appellant-Insurance Company.
Sd/- JUDGE KG