ORIENTAL INSURANCE CO LTD Vs. KRISHNA

JUDGEMENT

(1.) THE factual matrix involved in these cases is: In MFA 1994/2009 : THE 1st respondent in this appeal was a loader in lorry bearing registration No.KA-41-990. 2nd respondent was its owner. An accident took place on 06.03.2007, wherein the 1st respondent suffered an injury. He filed an application on 13.06.2007 for awarding of compensation in terms of provisions of Workmen's Compensation Act, 1923 (for short 'the Act'), before 2011 (IX) AIR Kar R /41 the Commissioner for Workmen Compensation, Sub-Division-4, Bangalore. THE 2nd respondent-insured filed a statement dated 29.08.2007, admitting the accident and the employment. THE appellant, which was the 1st respondent in the claim application, filed statement of objections dated 18.09.2007 and contested the claim. THE claimant got himself examined. Dr. P. Manjunath was examined in proof of the treatment and the partial permanent disability and loss of earning capacity. THE Commissioner assessed the loss of earning capacity at 40% by taking the wages at Rs.3,000/- p.m. and by operating relevant factor 216.91, has awarded compensation of Rs. 1,56,175/- with interest at the rate of 12% p.a. w.e.f. 05.04.2007. In MFA 1995/2009 : THE 1st respondent in this appeal was a loader in lorry bearing registration No.KA-41-990. 2nd respondent was its owner. An accident took place on 06.03.2007, wherein the 1st respondent suffered an injury. He filed an application on 13.06.2007 for awarding of compensation in terms of provisions of Workmen's Compensation Act, 1923 (for short 'the Act'), before the Commissioner for Workmen Compensation, Sub-Division-4, Bangalore. THE 2nd respondent-insured filed a statement dated 29.08.2007, admitting the accident and the employment. THE appellant, which was the 1st respondent in the claim application, filed statement of objections dated 18.09.2007 and contested the claim. THE claimant got himself examined. Dr. R Manjunath was examined in proof of the treatment and the partial permanent disability and loss of earning capacity. THE Commissioner assessed the loss of earning capacity at 40% by taking the wages at Rs.3,000/- p.m. and by operating relevant factor 216.91, has awarded compensation of Rs. 1,56,175/- with interest at the rate of 12% p.a . w.e.f. 05.04.2007. In MFA 1996/2009 :THE 1st respondent in this appeal was a loader in lorry bearing registration No.KA-41-990. 2nd respondent was its owner. An accident took place on 06.03.2007, wherein the 1st respondent suffered an injury. He filed an application on 13.06.2007 for awarding of compensation in terms of provisions of Workmen's Compensation Act, 1923 (for short 'the Act'), before the Commissioner for Workmen Compensation, Sub-Division-4, Bangalore. THE 2nd respondent-insured filed a statement dated 29.08.2007, admitting the accident and the employment. THE appellant, which was the 1st respondent in the claim application, filed statement of objections dated 18.09.2007 and contested the claim. THE claimant got himself examined. Dr. P. Manjunath was examined in proof of the treatment and the partial permanent disability and loss of earning capacity. THE Commissioner assessed the loss of earning capacity at 45% by taking the wages at Rs.3,000/- p.m. and by operating relevant factor 219.95, awarded compensation of Rs. 1,78,160/- with interest at the rate of 12% p.a. w.e.f. 05.04.2007.

(2.) SRI B. C. Seetharama Rao, learned counsel appearing for the appellants, contended that, the Commissioner has acted perversely in assessing the loss of earning capacity without there being any medical record and the assessment is based on misrepresented medical evidence on disability. Learned counsel submits that, there is misreading of evidence of the claimants as well as qualified medical practitioner and the findings with regard to partial permanent disability and the resultant loss of earning capacity is perverse, being contrary to S. 4(1)(c)(ii) of the Act. Learned counsel further contended that, awarding of interest after 30 days of the accident is contrary to the law laid down in National Insurance Co. Ltd. v. Mubasir Ahmed, 2007 (2) TAC 3 (SC) : (AIR 2007 SC 1208) and hence, interference in the matter is called for.

(3.) S. 3 of the Act provides for the employers liability for compensation. S. 4 deals with the amount of compensation. Schedule-I specified under S. 2(1)(g) and S. 4 of the Act has two parts. Part-I specifies the list of injuries resulting in permanent total disablement. Part-II specifies list of injuries resulting in permanent, partial disablement. For the purpose of determining the compensation under the Act, the Commissioner is bound to apply the principles and the factors laid down in the Act. The Act provides for determination of extent of physical disability suffered, by a qualified medical practitioner, so as to enable the Commissioner to assess the loss of earning capacity.