HANUMANTHAPPA Vs. SHRIRAM GENERAL INSURANCE COMPANY

JUDGEMENT

(1.) These two appeals are filed by the claimant and Insurance Company challenging the judgment and award dtd. 19/8/2013 in WCA. No. Kaa Aa Daa/Kaa Na Pa/CR45/2011 passed by the Labour Officer and Commissioner for Workmen, Davanagere District, Davanagere ('the Commissioner' for short) questioning the quantum and liability.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

(3.) The claimant, in the appeal in M.F.A.1234/2014 would contend that the Commissioner has committed an error in taking the disability at 80% as against 85% assessed by the Doctor, who has been examined as P.W.3 and ought to have taken the disability at 100% when the right hand of the driver, who is having inter-state driving license for HTV and HPV is amputated. It is also contended that the Commissioner ought to have taken the income at Rs.10,000.00 per month and instead, the Commissioner taken the income at Rs.4,000.00 per month and failed to take note of the daily allowance of Rs.100.00 per day. It is further contended that the Commissioner failed to take note of Exs.P10 to P12 which clearly establishes that he is suffering from functional disability of 100% and photographs Exs.P10 to 12 discloses that an amputation was done to his right hand.