BHARATH SANCHAR NIGAMA LTD. REP. BY. ITS GENERAL MANGER Vs. SRI. PATRICK GONSALVES, S/O. SRI. PHILIP GONSALVES

JUDGEMENT

(1.) THE Respondent, a phone mechanic, is working in the Telephone Exchange, Virajpet, under the administrative control of the Appellant. On 01.09.2005, the Respondent while attending the fault in the telephone line of a subscriber, due to electric shock, fell down from the roof slab and sustained injury. He was immediately shifted to a Government Hospital for treatment. Thereafter he has taken treatment at Unity Hospital, Mangalore. The Appellant has met the medical expenses. The Respondent was paid salary with allowances during the period of treatment.

(2.) THE Respondent filed a claim petition before the Commissioner for Workmen's Compensation, Kodagu District, Madikeri, which was contested by the Appellant by filing statement of objections. The Medical Officer, who treated and examined the Respondent, came to the conclusion that, the Respondent has suffered 15% total body disability. However, white deposing on commission, the Medical Officer has maintained that the total body disability is 25%. The Respondent was drawing salary of Rs. 10,841/ - p.m on the date of the accident. The Commissioner has made an award directing the Appellant to deposit compensation of Rs. 1,01,664/ - within 30 days and in case of default, to pay interest at 12% p.a on the award amount. Aggrieved, the Appellant has filed this appeal.

(3.) SRI Kamal, learned Counsel appearing for the Respondent, on the other hand contended that, the medical evidence on record would establish that there is 25% partial permanent disability, which also amounts to functional disability and in the circumstances, the Commissioner is justified in making the impugned award and directing the deposit of the amount by the Appellant.