LAWS(KAR)-2010-9-101

DURUGAPPA S/O. KARIYAPPA AND SMT. KANUMAKKA W/O DURUGAPPA Vs. RAJENDRA PRASAD REDDY S/O. AKKI REDDY (OWNER OF LORRY) AND THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD.

Decided On September 21, 2010
Durugappa S/O. Kariyappa And Smt. Kanumakka W/O Durugappa Appellant
V/S
Rajendra Prasad Reddy S/O. Akki Reddy (Owner Of Lorry) And The Branch Manager, Oriental Insurance Co. Ltd. Respondents

JUDGEMENT

(1.) THE Appellants were the claimants before the Commissioner for Workmen's Compensation in CTA/CR -33/2006. The Commissioner has awarded the compensation of Rs. 3,32,055/ - in respect of the death of the son of the claimants, The claimants are seeking enhancement, of the compensation.

(2.) HEARD the learned Counsel for the parties and perused the appeal papers.

(3.) LEARNED Counsel for the 2nd Respondent - Insurance Company while supporting the judgment of the Commissioner would contend that the issue relating to the wages has been consider ad by the Commissioner. Even though such a claim had been made before the Commissioner the Commissioner had noticed that the same, has not been established and as such notional wage that is payable to the cleaner has been reckoned which is appropriate and the same does not call for enhancement. It is therefore contended that the Commissioner was justified in its conclusion and the same does not call for interference nor there is any scope for endangerment of the compensation.