S CHINNASWAMY Vs. PERIASWAMY REDDY

JUDGEMENT

(1.) This appeal by the employer is directed against the order dated 17 1 1981 passed by the Commissioner for Workmen's Compensation, Bangalore Sub Divn. II, in No. WCA/CR II of 1979 80 on his file, awarding compensation of Rs, 9,800 to the workman.

(2.) According to the workman, he suffered injuries in the course of his employment as a result of which he was disabled to the extent of 75% and as such he claimed compensation. There was delay in instituting ihe application. The workman filed an affidavit and gave his evidence that he was prevented from applying for compensation in time because he was assured by the employer that the matter would be settled amicably. The Commissioner appreciating the evidence on record condoned the delay and held that the workman was disabled to the extent of 75%. The workman was earning Rs. 150 per month and in that view, the Commissioner awarded compensation of Rs.9,800. Aggrieved by the said judgment and order, the present appeal is presented by the employer.

(3.) The learned counsel for the appellants raised the following points before this Court for consideration :-(1) He submitted that the Commissioner was not justified in condoning the delay as there was no sufficient cause shown to condone the same. (2) He further submitted that the evidence on record did not establish that the workman was disabled to the extent of 75% (3) He also submitted that there was no evidence to show that he was disabled, and (1) Lastly he submitted that even assuming that there was 75% disability, Rs. 9,800 could not be awarded as it was only in the case of total disability. Since the disability was confined to 75%, the workman's salary being Rs. 150 per month, the Commissioner ought to have awarded a sum of Rs. 7,350 only and not Rs. 9,800.