LAWS(KAR)-2012-6-365

ORIENTAL INSURANCE COMPANY LTD Vs. S R RAGHUKUMAR

Decided On June 01, 2012
ORIENTAL INSURANCE COMPANY LTD Appellant
V/S
S R RAGHUKUMAR Respondents

JUDGEMENT

(1.) Heard the learned counsel for the appeelant-Insurance Company. There is a delay of more than 2 months (75 days) in thing the appeal. By the impugned judgment, the Commissioner for Workmen's Compensation has awarded a sum of Rs. 1,53,770.00 for the injuries suffered by respondent No. 1-workman in a motor vehicle accident that occurred on 22.06.2007 while he was driving the insured car. The sole contention is that the compensation awarded is excessive. It is not in dispute that the claimant/workman had suffered compression fracture of L-3 vertebra and fracture of 7th and 8th ribs on the left side. On the facts of the case, the determination of loss of earning capacity at 30% cannot be said to be erroneous. In my opinion, no substantial question of law arises for determination in this appeal to warrant interference at the instance of the appellant-insurance company. No purpose will be served by ordering notice on the application filed for condonation of the delay. Accordingly, both the application-Misc.Cvl.14892/2011 and the appeal are dismissed. In view of dismissal of the appeal, the applications in Misc.Cvi.14893 & 14894 of 2011 do not. survive for consideration; they stand disposed of accordingly.