G V VENKATESH BABU Vs. KRISHNA KUMAR

JUDGEMENT

(1.) THIS appeal is filed by the employer and the insurer against the injured applicant contending that the judgment and award of the commissioner for workmen's compensation, mandya in No. Nf: cr: 71 of 1996 is not correct. It is contended that the loss of earning capacity assessed by the doctor was 55 per cent but the commissioner was wrong in taking into consideration the loss of earning capacity at 100 per cent. It was also contended that the fact of injured-claimant still working and earning has to be taken into consideration while assessing the compensation. According to the appellants, the actual loss of earning capacity did not exceed 25 per cent. They also contended that the assessment of wages of respondent at Rs. 2,900 per month by the commissioner was wrong. According to the appellants, even if the alleged injuries fall under schedule injuries, it will not come to the compensation of Rs. 2,70,264. With these averments the present appeal is filed.

(2.) THE brief facts that lead to the filing of the appeal are as under: the injured-claimant who is the respondent herein was a loader in a canter belonging to the appellant No. 1 herein bearing No. Ka 11-0199. On 20. 6. 1996 after unloading the milk, the lorry was proceeding towards gajjelegere milk dairy. On the way to the said milk dairy the lorry met with an accident as a result the injured sustained grievous injuries resulted in fracture of both the legs. As he was paid Rs. 2,000 per month as salary apart from Rs. 30 as batta, he asked for Rs. 3,50,000 as compensation.

(3.) ON behalf of the injured he got himself examined as witness and got marked several documents. He also got examined the doctor, pw 2, an orthopaedic surgeon.