S.H. KULKARNI Vs. DIVISIONAL CONTROLLER KSRTC

JUDGEMENT

(1.) This appeal is filed by the claimant/appellant under Sec. 30(1) of the Employees Compensation Act, 1923 challenging the judgment and award passed by the Commissioner in ECA No.40/2014 on the file of the III Addl. Senior Civil Judge and VII MACT, Davanagere dtd. 9/1/2017, whereby the court has dismissed the claim petition filed by the claimant under Sec. 22 of the Workmen's Compensation Act , 1923 and sought for allowing his claim petition by awarding compensation of Rs.10,00,000.00 as prayed for.

(2.) For the sake of convenience, the parties herein are referred as per the ranks occupied by them before the Commissioner.

(3.) The brief factual matrix leading to the case are that the claimant is a technical assistant working in a workshop of KSRTC situated at Davanagere from 2006. The said workshop was under control of respondent- Corporation. On 11/9/2012 while the claimant was discharging his duty at the workshop all of sudden a piece of metal entered in to his right eye and immediately he was shifted to SSIMS Hospital, Davanagere and he was operated there. Thereafter he was admitted to Kasturba Hospital, Manipal on 13/9/2012 and the metallic piece was removed from the eyes. He was inpatient in the hospital up to 20/9/2012 and he has also taken follow up treatment in Eye Care Center and Bangalore Netralaya. But however, he lost his right eye. He has spent sufficient amount towards medical expenses and travelling. Further he asserted that the incident has occurred during the course of the employment and hence, he has sought compensation to the tune of Rs.10,00,000.00.