The Branch Manager, The National Insurance Co. Ltd., The National Insurance Co. Ltd. vs Sri Ramesh, Sri S. Girish and Sri C.J. Nagaraju

Huluvadi G. Ramesh, J.—Heard learned counsel for the appellant and respondent No. 1/claimant. This appeal is arising out of the judgment and award passed by the Commissioner for Workmen''s Compensation, Mandya in WCA 199/2002 dated 26.2.2010.

The claimant is stated to have sustained injuries on 15.1.2011 while he was travelling as coolie in the Tractor trailor bearing registration No. KA-11-1575-1576 due to rash and negligent driving of the tractor by its driver. As a result, the claimant fell down and sustained injuries to right side of the face, right cheek, right eye, head, left greater trochanter, fracture of temporal bone and to other parts of the body. As per CT scan, the claimant has sustained fracture of parietal bone and right side brain temporal lobe is bleeding. He was treated at JSS Hospital and Pandavapura Govt. Hospital. He was hospitalized for nearly 16 days. Therefore, the claimant filed claim petition on 4.7.2002 seeking compensation of Rs. 3,00,000/- with interest. The Commissioner for Workmen''s compensation awarded total compensation of Rs. 1,59,619/- with interest at the rate of 12% p.a. Aggrieved by the compensation awarded, the insurer has filed this appeal seeking reduction of compensation.

The learned counsel for the insurer submits that the substantial question of law framed is with regard to the assessment of disability by the doctor. PW-2 doctor has stated that the claimant has sustained physical permanent disability of 30% to whole body and suffered loss of earning capacity by 90%. But the Tribunal has taken permanent disability at the rate of 45%, which is on the higher side.

Having regard to the nature of injuries sustained and also the evidence of the doctor, the disability is assessed at 45%. The opinion of the doctor that he cannot lift heavy objects and also he has suffered knee cap fracture due to drowsiness cannot be disbelieved. The nature of injuries sustained by the claimant would certainly affect his future earning capacity.

In view of the submission made, compensation of Rs. 1,59,619/- awarded by the Tribunal is reduced to Rs. 1,40,000/-. However, the claimant is entitled for interest at the rate of 12% p.a. from one month after the date of accident till deposit. Amount in deposit is ordered to be released in favour of the claimant and excess amount is ordered to be refunded to the appellant.

Accordingly, the appeal is allowed-in-part.