NEW INDIA ASSURANCE CO LTD Vs. VIJENDRA SETTY

JUDGEMENT

(1.) SECOND respondent-Insurance Company in Cr-69/2004 on the file of Commissioner for Workmens Compensation, Shimoga, has come up in this appeal challenging the order dated 31.08.2006 passed in the said proceeding.

(2.) BRIEF facts leading to this appeal are as under: Claimant before the Commissioner contend that he was loader and un-loader in the Tractor-Trailer bearing No.KA- 14/T-2593-2594 belonging to first respondent and insured with second respondent before the Commissioner. On 10.01.2003 he was traveling in the aforesaid tractor along with a load of paddy for the purpose of milling. The said Tractor met with an accident at about 11.30 a.m., on Kouribilu Down Road in Hosanagar Taluk, due to rash and negligent driving of its driver, resulting in fracture of his left knee and also other injuries. Hence Claim Petition was filed by him seeking compensation for the injuries suffered in the aforesaid accident from his employer, first respondent and second respondent, insurer of the offending tractortrailer.

(3.) TO arrive at the said compensation, Commissioner took the wages of the claimant at Rs.2,380/- and the loss of earning capacity at 35% based on the evidence of P.W.2, wherein the said doctor has stated that due to fracture of left patella, claimant has suffered 35% disability to his left limb and that there is restriction of movement of left leg by 10 degrees which has come in the way of his employment and also reduced his earning capacity. Accordingly the Commissioner took loss of earning capacity at 35% and by applying relevant factor arrived at the aforesaid compensation.