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Judgment
S.N. Satyanarayana, J.—The claimant in C.R. 105/2004 on the file of Commissioner for Workmen''s Compensation, Chitradurga, has come up in this appeal seeking enhancement of compensation awarded to him in the said proceedings by order dated 27.07.2006.
The case of the claimant is that he was working as Driver under the first Respondent, namely, K.H. Ravindra, owner of the Lorry bearing No. KA-16-3855, insured with second Respondent before the Commissioner. According to him on 22.08.2003, when he was driving the aforesaid lorry in the course of his employment with the first Respondent in transporting groceries from Chitradruga to Sira, on the way, the lorry which was driven by him dashed against another lorry which was proceeding ahead of him. As the same was stopped abruptly without showing any signal. In the process, he suffered injuries to his legs, chest, back and also to both bones of his legs. Hence, he filed a claim petition before the Commissioner for Workmen''s Compensation, Chitradurga.
In the said proceedings, he examined himself as PW-1 and also examined one Dr. Venkata Shiva Reddy who has given Disability Certificate exactly one year after the date of the accident and also given evidence in support of the case, wherein the said PW-2, has tried to substantiate the injuries said to have suffered by the claimant with reference to the Disability Certificate issued by him vide Exhibit - P7. The contents of the said Exhibit P7, is contrary to Exhibit P4, the Wound Certificate, which was issued by the Government Hospital, immediately after the accident on 22.08.2003.
However, the Commissioner for Workmen''s Compensation without locking into the same and without considering the fact that there is no fracture as claimed by the claimant as seen in Exhibit P4, which was taken immediately after the accident has proceeded to accept the evidence of PW-2, Dr. Venkata Shiva Reddy, the Doctor who appeared before the Commissioner only for the purpose of giving evidence, by giving Disability Certificate.
The Commissioner accepting the same and taking the income of the claimant at Rs. 4,000/- and the loss of earning capacity said to have suffered by the claimant @ 50% awarded compensation in a sum of Rs. 2,21,004/- payable with interest @ 12%, from 30th day of the accident, till the date of deposit of the same.
On going through the findings of the Commissioner in the order impugned, it is seen that the compensation awarded has absolutely no nexus with the injuries said to have been suffered by the claimant, it is much on the higher side, and has no consonance with the injuries suffered by the claimant. In fact it is a fit case to reduce the compensation, if only the Insurance Company had filed an appeal in the instant case. However, there is nothing on record to show whether the insurance company has filed an appeal or not.
Be that as it may, coming to the merits of the case. this Court after going through the impugned order find that the compensation awarded by the Commissioner, in the first instance itself is exorbitant and is much higher for the injuries said to have suffered by him and the rate of interest @ 12% from 30th day of the accident is contrary to the ruling of the Apex Court.
In any event, there is no justification to admit this appeal to consider enhancing the compensation already awarded, which is on higher side. Therefore, this Court find that there is no justification to admit this appeal to consider the prayer of the claimant in enhancing the compensation awarded by the Commissioner. Hence, the same is dismissed, without any order as to cost.