DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO., LTD., DIVISIONAL OFFICE, 34/3, M.M.K. COMPLEX, AKKAMAHADEVI ROAD, P.J. EXTENSION, DAVANGERE - 577002 Vs. SYED DADA MOHAMMED S/O. SYED NOOR MOHAMMED

JUDGEMENT

(1.) THESE 10 appeals are arising out of common order dated 26.2.2009 passed in CR. Nos. 41, 42, 43, 44 and 45/2008 on the file of Commissioner for Workmen's Compensation, Davanagere. The appeals in MFA. Nos. 3378, 3581, 3585, 3589 and 3591/09 are filed by the common 2nd respondent insurance company in CR. Nos. 41 to 45/2008 respectively. These appeals are filed by 2nd respondent challenging the quantum of compensation awarded by Commissioner in the aforesaid claim petitions. Whereas claimants in said claim petitions have also filed appeals seeking enhancement of compensation which are respectively, MFA. Nos. 2274, 2276, 2275, 2273 and 2277/09. All these 10 appeals are taken up together for disposal in the presence of counsel for claimants and as well as 2nd respondent insurance company. For the sake of convenience the parties to these appeals are referred to by their rank before the Commissioner.

(2.) BRIEF facts leading to these appeals are Claimants in the said petitions contend that they were working as coolies in lorry bearing No. KA -14/A -0375 belonging to common 1st respondent in all the claim petitions and insured with common 2nd respondent insurance company in all claim petitions. Their case is that on 4.1.2008 all of them were traveling in the said lorry along with the load of paddy in the course of their employment. The said lorry met with an accident near Nandigavi village due to rash and negligent driving resulting in injuries to claimants. Hence, they filed claim petitions seeking compensation for the injuries suffered in the aforesaid accident.

(3.) PW . 6, an Orthopaedic surgeon of Navodaya Hospital, Davanagere has stated that he has treated the claimants. He has also issued disability certificate to them as per Exs. P9, 12, 18, 25 and 31. According to him, said disability certificate is issued after personally treating the claimants and alter examining the injuries suffered by them and based on the wound certificates which are issued immediately after the accident has taken place vide Exs. P6, 14, 22, 28 and 35. In addition to that he also relied upon the x -rays of claimants which are at Exs. P 10, 13, 19, 26 and 32, accordingly assessed loss of earning capacity of claimants as under: