MANSOOR S/O. GHANISAB Vs. K.H. RAVINDRA, S/O. K.G. HANUMANTHA SHETTY, OWNER OF LORRY BEARING NO. KA-16-3855 AND THE BRANCH MANAGER, UNITED INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THE claimant in C.R. 105/2004 on the file of Commissioner for Workmen's Compensation, Chitradurga, has come up in this appeal seeking enhancement of compensation awarded to him in the said proceedings by order dated 27.07.2006.

(2.) THE case of the claimant is that he was working as Driver under the first Respondent, namely, K.H. Ravindra, owner of the Lorry bearing No. KA -16 -3855, insured with second Respondent before the Commissioner. According to him on 22.08.2003, when he was driving the aforesaid lorry in the course of his employment with the first Respondent in transporting groceries from Chitradruga to Sira, on the way, the lorry which was driven by him dashed against another lorry which was proceeding ahead of him. As the same was stopped abruptly without showing any signal. In the process, he suffered injuries to his legs, chest, back and also to both bones of his legs. Hence, he filed a claim petition before the Commissioner for Workmen's Compensation, Chitradurga.

(3.) HOWEVER , the Commissioner for Workmen's Compensation without locking into the same and without considering the fact that there is no fracture as claimed by the claimant as seen in Exhibit P4, which was taken immediately after the accident has proceeded to accept the evidence of PW -2, Dr. Venkata Shiva Reddy, the Doctor who appeared before the Commissioner only for the purpose of giving evidence, by giving Disability Certificate.