ORIENTAL INSURANCE COMPANY LTD. REPRESENTED BY ITS DEPUTY MANAGER MRS. SUDHA GANESH Vs. ABDUL HAQUE S/O SHEAK ALAM AND DEVARAJE S/O SURAPPA

JUDGEMENT

(1.) AN order and award passed by the Commissioner for Workmen's Compensation ('CWC' for short), Hassan Division, has been questioned by the Petitioner/claimant and also the Respondent/insurer. MFA 7366/2009 is by the Petitioner for enhancement or compensation amount. MFA 4804/2009 is by the insurance company, seeking reduction of the compensation amount -against the quantum of award. For convenience, the parties would be referred to with reference to their rank in the claim petition.

(2.) IN brief, the facts of the case could be stated as follows: 1st Respondent -Devaraju, S/o. Surappa was the owner of lorry bearing registration No. CTA -9996. Mr. Abdul Huk -Petitioner, was employed by the owner of the said vehicle, to drive the said vehicle. On 25.09.2006, the Petitioner sustained injuries on account of occurrence of an accident involving the said vehicle while in employment and during the course of employment of the owner of the vehicle. The vehicle had been issued with an insurance policy by the 2nd Respondent -insurance company. The workman sustained injuries such as fracture of superior pubic rami (L) and fracture of histaiam (inferior pubic rami) apart from other injuries. Even after taking treatment, there being permanent partial disability suffered, which reduced the earning capacity of the workman, claim petition under the provisions of Workmen's Compensation Act, 1923 (for short 'the Act'), was filed against the owner and insurer of the offending vehicle. The owner of the vehicle despite service of notice of the claim petition did not appear and was placed exparte by the CWC. The 2nd Respondent/insurance company, appeared through its counsel, filed written statement, wherein, the issue of insurance policy and the same being in force as on the date of the accident was admitted. All other averments made in the claim petition was called upon to be proved.

(3.) SRI Vedhukumar Y.S. learned advocate appearing for the Petitioner, contended that, on account of the employment injuries sustained, there is permanent disability, since the Petitioner's left leg is shortened, as a result of which, he is unable to squat, walk long distance nor lift heavy weight much less drive the vehicle. Learned Counsel submitted that, though PW -2 examined and assessed the permanent disability to the whole body at 25%, keeping in view the fact that the Petitioner is a driver, the loss of earning capacity being 100%, the CWC has erred in awarding compensation of Rs. . 1,54,703/ -. Learned Counsel further submits that, non -awarding of interest on the compensation amount after expiry of 30 days from the date of accident/the arising of the cause of action for the claim is contrary to the decision reported in Shri Aleemuddin and Others Vs. The Divisional Manager, New India Assurance Company Limited, ILR (2009) KAR 1422