NATIONAL INSURANCE CO. LTD. BRANCH MANAGER Vs. NAMADEV S/O. RAMAPPA AND S. RAMAPPA S/O. SIDDARAYAPPA SIDDESHWAR NILAYA

JUDGEMENT

(1.) THESE two appeals are filed by the Insurance Company challenging the quantum of compensation awarded in a common judgment dated 12.12.2006 in KAD/KNP/CR. No. 70/02 and KAD/KNP/CR No. 137/2002 by the Commissioner for Workmen Compensation, Chitradurga.

(2.) THE facts leading to these appeals are that, the claimants in the two claim petitions, who are respectively 1st respondent in both the appeals, were admittedly working as coolies under the 2nd respondent and at the relevant point of time were loaders in mini lorry bearing No. KA -16/6362 belonging to the 2nd respondent. On 24.10.2001 they were entrusted the work of traveling in the said lorry to Neralakunte Village to unload the granite carried in the said mini lorry. That at around 2 'o clock in the mid night when they were unloading the granite, due to negligence on the part of the driver, the lorry was moved resulting in the granite slab falling on the hand and feet of the aforesaid two claimants resulting in injury to one on his left ulna and injuring the small toe of the right foot of another one. The claimants having suffered the said injuries filed claim petitions before the Commissioner for Workmen's Compensation, Chitradurga seeking compensation as permissible under the provisions of Workmen Compensation Act.

(3.) IN support of their claim both the claimants adduced evidence by themselves and also adduced evidence of a Doctor by name N. Venkatasiva Reddy, an Orthopaedic surgeon practicing at "Sri Venkateshwara Nilaya, Akashavani Road, Behind Unity Health Complex, C.K. Pura Extn., Chitradurga 577 501." The said Doctor has given a detailed certificate certifying the extent of injury suffered by the claimants.