NEW INDIA ASSURANCE CO. LTD. BY NEW INDIA ASSURANCE CO. LTD. BY ITS MANAGER Vs. SHANKAR S/O KRISHNAPPA AND KRISHANARAJENDRA URS. MAJOR S/O GANGARAJ URS.

JUDGEMENT

(1.) Heard learned Counsel Sri. O. Mahesh for the appellant in all these cases and also learned Counsel Sri. R. Mallikarjuna who appeared on behalf of Dr. Abdul Ravoof.

(2.) The order passed by the W.C. Commissioner awarding compensation to the respective respondents claimants herein is called in question in these appeals by the Insurance Company and one of the major grounds urged in all these appeals is that the Doctor who is said to have given evidence before the Commissioner and on the basis of whose evidence the Commissioner has assessed the loss of earning capacity percentage, did not. in fact appear and give evidence. This was brought to the attention of this Court and accordingly this Court by its order dated 18.12.09 directed the very doctor himself to file an affidavit before this Court as to whether the said doctor had appeared before the W.C. Commissioner or not. Pursuant to the said direction the doctor concerned appeared before this Court through his counsel and filed an affidavit. In the affidavit it is stated on oath by the doctor that he never appeared before the W.C. Commissioner in all these cases nor he gave any evidence, but on the other hand the doctor was busy on 18.7.2007 in the hospital as eight operations were listed on the said date and the doctor conducted three operations which went up to 3.00 p.m. Apart from the said statement, the doctor has further stated that the signature found in the evidence said to have been put. by him. was not his signature.

(3.) In view of the aforesaid statement on affidavit given by the doctor this Court also directed the doctor to appear before this Court and file an affidavit and on going through the affidavit filed by the doctor concerned, I am satisfied that there is enough merit in the submission made by the appellant's counsel that fraud seems to have been taken place before the W.C Commissioner in all these cases and Dr. Abdul Ravoof who never gave evidence before the Commissioner in all these cases has been shown as having given evidence before the Commissioner in respect of the assessment of disability.