DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD. Vs. S. MANOHAR S/O. S. SIDDAIAH, T.M. GANESHAN S/O. MARAPPA GOUNDER, THE MANAGING DIRECTOR KSRTC AND THE CHAIRMAN INTERNAL SECURITY FUND KSRTC

JUDGEMENT

(1.) BOTH the claimant/Petitioner and the Insurance Company/2nd Respondent, have filed these appeals, questioning an order/award passed by the Commissioner for Workmen's Compensation ('CWC' for short), allowing the claim petition in part and directing the 2nd Respondent/Insurance Company to pay the compensation amount to the workman.

(2.) MFA 10497/2007 is by the Petitioner and MFA 10997/2007 is by the Insurance Company. For convenience, the parties would be referred with reference to their rank in the claim petition filed before the CWC.

(3.) BASED on the pleadings of the parties, 5 issues were raised. Petitioner got examined himself as AW.1 and examined a qualified medical practitioner as AW.2. Exs.A1 to A11 were marked. For the Insurance Company, its authorised representative deposed as RW.1, through whom Ex. R2(1) was marked. Considering the rival contentions and upon appreciation of evidence, CWC allowed the claim petition, interalia holding that, the vehicle in question belonged to the 1st Respondent, who had employed the Petitioner as a driver to drive the vehicle, which met with an accident on 3.4.2005 resulting in injury being sustained by the workman arising out of and during the course of employment and there being partial permanent disability, reckoning the wages at Rs. 4,000/ - p.m, the loss of earning capacity was determined at 45% of wages and compensation of Rs. 2,30,655/ - was ordered to be paid within 30 days of the award and in case of default, to pay interest at 12% p.a.