SIDDEGOWDA Vs. K. MUNICHINNAPPA AND ANOTHER

JUDGEMENT

(1.) THIS is a claimant's appeal. Claimant was working as a cleaner in a Lorry. On 18.7.1997, during the course of his employment, he sustained injuries in a road traffic accident. Therefore, he presented a claim petition before the Commissioner, Workmen's Compensation, Tumkur. To show the disability, the claimant has produced the certificate issued by the Doctor and considering the evidence adduced by the claimant, the Commissioner has assessed the percentage of loss of earning capacity by 100 %.

(2.) ACCORDING to the claimant, he was getting a salary of Rs. 1,500/ - per month. In addition to that, he was also getting a Bata of Rs. 50/ - per day. The owner of the lorry has been placed exparte. He has not denied the salary and bata claimed by the claimant. However, the Insurance Company has disputed the said fact. Only on the ground that the claimant did not produce any documentary evidence to show his salary and income by applying the Minimum Wages Act, the Commissioner has held that the claimant was getting a salary of Rs. 1,321/ -. Based on the same, the compensation amount of Rs. 1,74,332 -37 has been awarded as compensation. Being not satisfied with the order and award, the present appeal is filed by the claimant.

(3.) LEARNED Counsel for the Insurance Company contends that the aforesaid judgment cannot be made use of by the Appellant as the Appellant has failed to prove the income. He further contends that the Insurance Company has cross -examined the claimant and in the cross -examination of the claimant, he has categorically admitted that he had no documents to show the salary paid by his employee. In the circumstances, he requests this Court to dismiss the appeal.