ANANDASELVAM V. Vs. MOHAMMED INAYAT AND ANOTHER

JUDGEMENT

(1.) CLAIMANT and second respondent in WCA.CR. No. 15/2006 on the file of Commissioner for Workmen's Compensation, Sub -Division 1, Bangalore, have come up in these two appeals impugning the judgment dated 31 -12 -2008. MFA No. 1668 of 2009 is filed by claimant seeking enhancement of compensation awarded by Commissioner, whereas MFA No. 4434 of 2009 is filed by Insurance Company seeking reduction of compensation awarded by Commissioner on the ground that same is excessive. Brief facts leading to these two appeals are as under:

(2.) IN the proceedings before Commissioner, on appreciation of oral and documentary evidence available on record claim petition was allowed awarding compensation in a sum of Rs. 2,21,004/ - payable with interest at 12% p.a., from 30th day of accident till date of deposit of entire amount. Being aggrieved by the same, claimant has come up in one of the appeals contending that because of the injuries suffered in accident he is not in a position to do any work. Therefore, the loss of earning capacity taken at 50% is on lower side and the same is required to be enhanced to 100%. Per contra, Insurance Company has come up in another appeal contending that when Doctor's evidence itself is to the effect that claimant has suffered whole body disability to an extent of 30%, question of taking the same at 50% and awarding compensation is erroneous and the same is required to be modified. It is further contended that in the year 2006 the normal practice in following the wages payable to persons doing coolie work would be anywhere between Rs. 3,000/ - p.m. to Rs. 3,500/ - p.m. Therefore, question of taking the same at Rs. 4,000/ - p.m. is also erroneous.

(3.) HEARD the Counsel for appellant in both appeals. Perused the judgment impugned with reference to material available on record. On going through the same the substantial question of law is answered in the negative for the following. - -