UNITED INDIA INSURANCE CO. LTD. BY ITS DY. MANAGER Vs. SHRI B. JAGADISH @ BABU S/O BALACHANDRA AND SHRI A. RAVI

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant and none appears for the respondents.

(2.) THIS appeal is by the United India Insurance Co. Ltd., calling in question the assessment of earning capacity by the Commissioner for Workmen's Compensation, Bangalore, while allowing the claim application filed by the respondent No. 1 -claimant.

(3.) IN the light of the above submission made and on going through the order of the Commissioner, one does not find any discussion concerning the renewal licence by the claimant and therefore, I am of the view that matter requires remand to the Commissioner to reassess the earning capacity loss and at the same time, also taking into account the fact that the claimant having renewed his licence subsequent to the period of accident. The Commissioner is directed to dispose of the matter within three months from the date of this order's receipt and both the parties shall cooperate in this regard. The Commissioner shall also take into consideration the Apex Court decision reported in 2009 AIR SCW 3717 Oriental Insurance Co. Ltd. v. Mohd. Nasir as regards award of interest is concerned. The amount in deposit be refunded to the appellant. The document filed namely certified copy of the driving licence of the claimant may also he produced before the Commissioner by the claimant and the same be returned to the appellant.