DIVISIONAL CONTROLLER Vs. KHATALSAB

JUDGEMENT

(1.) The Divisional Controller-NWKRTC, Belgaum Division preferred this appeal impugning the order and award dtd. 25/7/2008 passed by the Labour Court and Commissioner for Workmen's Compensation, Sub-Division-2, Belgaum (hereinafter referred to as the Commissioner) in WC No. A/SR- 79/02 awarding compensation of Rs.1,32,163.00 in favour of the claimant and directing the appellant herein to pay the same with interest at 12% p.a. Parties shall be referred to as per their ranking before the Tribunal.

(2.) Brief facts of the case of the claimant are that; The claimant claimed compensation for the injuries sustained by him in the accident that had occurred on 1/9/1997 during the course and out of employment with the respondent-NWKRTC. The said claim petition was allowed and compensation of Rs.2,29,151.00 was awarded assessing permanent disability at 70%. The said judgment was impugned by the appellant herein before this Court by filing M.F.A. No. 4391/2003. The same came to be allowed by the Co-ordinate Bench of this Court vide order dtd. 23/8/2005 permitting both the parties to adduce additional evidence before the Tribunal with regard to the earlier claim made by the claimant in WCA No. 135/1999 said to be preferred immediately after the accident which was came to be rejected by the Commissioner vide order dtd. 1/9/1997. After remand, additional evidence was let in and the Labour Commissioner again allowed the claim petition awarding compensation of Rs.1,32,163.00 by assessing disability at 65%. The said award is being impugned by the employer before this Court.

(3.) I have heard Smt. Veena Hegde, learned counsel for the appellant and perused the trial Court records. Though the respondent is served, he remained unrepresented.