CHANNAPPA GOWDA S/O RAMANNA GOWDA Vs. THE DIRECTOR M/S KIRANPANDE INDUSTRIAL AREA BAIKAMPADI, MAN GALORE DK DISTRICT AND THE ORIENTAL INSURANCE COMPANY LIMITED NEAR ROOPA HOTEL, BALMATTA MANGALORE REPRESENTED BY ITS BRANCH MANAGER

JUDGEMENT

(1.) THIS is a claimant's appeal for enhancement of compensation. I have heard learned Counsel for the claimant.

(2.) THE facts established from the evidence on record are: the claimant was a driver by occupation; as a result of accident, he suffered fracture of right femur and he was under treatment. Even after complete treatment, the claimant suffers from permanent physical disability.

(3.) THIS submission is contrary to documentary evidence on record. It is seen from Ex. P.12 - driving licence held by claimant was renewed on 23.4.2008 and it is valid till 03.4.2011. The accident, in question took place on 23.7.2006. If the claimant had been completely disabled from driving a vehicle, he would not have got the driving licence renewed after the date of accident. Therefore, theory of 100% disability pleaded by learned Counsel for claimant cannot be accepted. The claimant is a driver by occupation. Therefore, his wages should have been determined at Rs. 4000/ - per month and claimant should have been awarded interest @ 12% per annum after 30 days from the date of accident. After setting right these discrepancies, I hold that claimant is entitled to compensation of Rs. 1,36,483/ -. The claimant is entitled to interest @ 12% per annum on compensation of Rs. 1,36,483/ - after 30 days from the date of accident that is from 23.8.2006 till the date of payment. In the result, I pass the following order: