NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY REGIONAL OFFICE BY ITS DULY CONSTITUTED ATTORNEY Vs. SRI SAGANAIAH S/O SRI SAGANAIAH AND SRI GANGADHARESHWARA TRANSPORT

JUDGEMENT

(1.) HEARD learned Counsel Shri C.R. Ravishankar for the appellant insurance company in respect of the appeal filed challenging the quantum of compensation awarded to the respondent No. 1 -claimant by the W.C. Commissioner, Hassan.

(2.) SHRI C.R. Ravishankar, learned Counsel for the appellant submits that the Commissioner erred in taking the whole body disability from the loss of earning capacity point of view at 50% and it is against the medical evidence of the doctor who has put it at 43.33% and therefore, assessment made by the Commissioner calls for interference, so also the interest awarded by the Commissioner.

(3.) TO the extent of modification of interest, appeal is allowed in part The amount in deposit be transferred to the W.C. Commissioner.