ORIENTAL INSURANCE CO LTD Vs. SELVAN BIN VELLAIAH

JUDGEMENT

(1.) THE 2nd respondent insurance company in Sr. No. 12/2007 on the file of Commissioner for Workmen's Compensation, Hassan has come up in this appeal challenging the quantum of compensation awarded to the claimant taking his salary at Rs.3,900/- p.m.

(2.) BRIEF facts leading to this appeal are, claimant, a plantation employee under 1 st respondent before Commissioner in his Coffee Plantation, namely Channakeshava Estate, met with an accident while he was discharging his duty as a coolie, i.e., he fell down from a tree of 30 feet height while pruning those trees. As a result, he suffered fracture to his back bone which resulted in 100% disability. In the proceedings before Commissioner, taking the disability of claimant at 100% the Commissioner proceeded to award compensation in a sum of Rs.5,27,015/-by taking income at Rs.3,900/- p.m., and saddled the liability to pay compensation on 2nd respondent who has issued Workmen's Compensation policy and directed the 1st respondent owner of estate to pay interest on the compensation amount at 12% p.a., from 30th day of order till date of deposit of entire amount.

(3.) ACCORDINGLY, the appeal filed by insurance company does not survive for consideration and the same is dismissed without any order as to costs. In view of the appeal being dismissed the amount in deposit is ordered to be released in favour of claimant in the following manner. Out of the amount in deposit a sum of Rs.5,00,000/- be deposited in any nationalised bank initially for a period of 10 years and thereafter, renew the same once in five years until his life time entitling claimant to receive only interest for his maintenance. However, in the event claimant is in need of money either for medical expenses or for other needs, he is at liberty to approach the Court for modification of this order. The balance amount of Rs.27,015/- along with entire interest be released in his favour forthwith. Appeal dismissed.