NEW INDIA ASSURANCE CO LTD Vs. N VENKATESH

JUDGEMENT

(1.) This appeal is directed against a judgment dated 30.08.2008 of the Commissioner for Workmen Compensation, Sub-Division-5, Bangalore, whereby the compensation of Rs. 4,99,152/- with simple interest at 12% p.a. after 30 days of the accident was allowed and the appellant was directed to deposit the same.

(2.) The factual background is as follows :

(3.) Sri O. Mahesh, learned counsel appearing for the appellant, contended that, the Commissioner has erred in treating the loss of earning capacity as 100%, ignoring the decision in ILR 2004 Kar 193 : (2004 AIR Kant HCR 1). Learned counsel submitted that, the Commissioner ought to have seen that the physical disability is different from loss of earning capacity and the physical disability in the instant case has not resulted in total loss of earning capacity, since 1st respondent can continue to earn otherwise than as a driver and in the circumstances, the compensation awarded is required to be scaled down. Learned counsel further contended that, awarding of interest after 30 days from the date of accident is contrary to the ratio of law laid down in National Insurance Co. Ltd. v. Mubasir Ahmed, 2007 2 SCT 224.