SHIVAKUMAR Vs. MANAGING DIRECTOR BMTC

JUDGEMENT

(1.) Learned Counsel for the Appellant submits that the Appellant was working as a security guard and after the accident he is unable to work as security guard and therefore, he was terminated from service. He also submits that as per the judgment and Award made on 6.11.2004, the Tribunal awarded compensation in all amounting to Rs. 1,47,640/-. Out of the said amount, a sum of Rs. 80,640/- was awarded towards loss of future earnings on the basis of permanent disablement of 14% to the whole body. The judgment and Award made on 6.11.2004 was challenged by the Respondent/BMTC, in MFA No. 5502/2005 [MV]. The said appeal was partly allowed by order dated 8.1.2008 confirming the finding recorded by the Tribunal on issue No. 1 namely, on the point of negligence and remanded the matter for fresh consideration. The Tribunal, after the matter was remanded, has awarded compensation in all amounting to Rs. 1,17,000/-. But, as per the first judgment and award dated 6.11.2004 the claimant was awarded compensation of Rs. 1,47,000/-. Thus, compensation amount was reduced by Rs. 30,000/- He submits that on account of permanent disablement the claimant is entitled for enhancement of compensation.

(2.) Sri D. Vijayakumar, Learned Counsel appearing for the Respondent submits that the Tribunal had taken permanent disablement at 14% and income at 3000/ per month and awarded compensation of Rs. 80,30,640/- towards loss of future earnings. The Respondent had challenged the judgment and award on the point of negligence and quantum of compensation in MFA No. 5502/2005 [MV] and the matter was remitted to the tribunal for fresh consideration on the point of quantum of compensation. He draws my attention to the observation of this Court made with reference to para No. 13 of the earlier judgment dated 6,11.2004 of the Tribunal. He submits that after the case was remanded to the Tribunal, it has rightly reduced the compensation amount, as the claimant has not proved his termination. He further submits that this Court has held that the compensation awarded towards loss of earning capacity was not correct and on remanding the matter, the Tribunal has rightly reduced the compensation amount from Rs. 1,47,000/- to Rs. 1,17,000/-

(3.) This Court has remanded the matter to the Tribunal with a direction to apply its mind and re-appreciate evidence on record and award compensation. After the case was remitted to the Tribunal, the claimant has got examined an eye witness-V.M. Chandraiah to the accident as PW.4. There was no need to examine P.W. 4 as the finding recorded by the Tribunal on issue No. 1 namely on the point of negligence was confirmed. After hearing arguments, the Tribunal has awarded compensation in favour of the claimant as under: <STYLE TYPE="text/css"> <!-- .style1 {font-family: Verdana} --> </STYLE> <FRM>JUDGEMENT_2713_KCCR4_2011_1.html</FRM>