M BASAVA RAJU Vs. ASHOK MALLAPPA HADIMANI

JUDGEMENT

(1.) THIS appeal is against the judgment and award dated 23. 8. 1999 passed by the Labour Officer and Workmen's compensation Commissioner, Davanagere, in KA. A. DA/ka. NA. PA/cr/97/98, allowing the claim petition for compensation.

(2.) THE respondent is the applicant. He filed a petition before the Commissioner for Workmen's Compensation stating that he was working as a driver in the bus bearing registration No. KA 16-3270. On 17. 1. 98, he was driving the said bus from davanagere to Bangalore. At about 6. 30 p. m. , there was a collision between the bus and lorry which was coming from the opposite side. On account of this accident, there was a fracture in his right hand, injuries on both the legs and on the left side of the abdomen. In all there are 12 documents marked on behalf of the claimant. The claimant has given the evidence and one Dr. H. V. Dayanand, Orthopaedic Surgeon has also deposed. The Commissioner has come to the conclusion that the petitioner was suffering from 100 per cent disability. As such, he has awarded the compensation of Rs. 2,91,322.

(3.) MR. Jaiprakash, learned counsel for the appellants relied upon two decisions, namely, Syed Abdul Samad v. Jabbar hussain, 2001 ACJ 574 (Karnataka) and nisar Ahmed Abdul Rahiman v. Babulal achal Singh, 2000 ACJ 58 (Karnataka ). Relying upon these two decisions, Mr. R. Jaiprakash contended that the evidence of the doctor has to be taken into consideration and due weightage has to be given as the alleged injury is non-schedule injury.