VIKRANT TYRES LIMITED NOW KNOWN AS J K INDUSTRIES LIMITED Vs. MAHADEVA MAJOR EMPLOYEE NO 2662 TYRE CURING OPERATOR VIKRANT TYRES

JUDGEMENT

(1.) THE appellant Vikrant Tyres Limited is aggrieved by the order passed by the Commissioner for Workmen's Compensation, Mysore, enhancing the compensation to the respondent-claimant, and directing the appellant to pay the compensation of Rs. 2,39,408/ -. Hence, this appeal.

(2.) I have heard the learned Counsel Sri Somashekar for the appellant and the learned Counsel Sri s. B. Mukkannappa for the respondent-claimant.

(3.) THE learned Counsel for the appellant submitted that, it is not in dispute that the respondent sustained injuries in an accident on 17. 4. 2000 and the appellant got the respondent examined at csi Holdsworth Memorial Hospital and based on the medical report received and taking note of the loss of earning capacity at 20%, as per the calculation sheet (Annexure-C), deposited a sum of Rs. 89,058/- before the Commissioner and the said amount was also withdrawn by the respondent-claimant. However, the respondent was not satisfied with the loss of earning capacity assessed at 20% and, therefore, filed an application before the Commissioner on 12. 10. 2001, almost after 20 months and contended that he had sustained disability to the extent of 55% and, therefore, the compensation requires to be enhanced. In support of his stand, the respondent also produced the medical certificate issued by Dr. Nanjimdappa and the said medical certificate dated 27. 1. 2003 put the disability at 55% for the total body. The Commissioner accepted the said disability percentage and worked out the compensation on that basis and calculated the compensation at Rs. 2,39,408/-and as the appellant had already deposited Rs. 87,058/-, the commissioner directed the appellant to pay the balance amount of Rs. 1,52,350/- to the respondent. Aggrieved by the said order of the Commissioner enhancing the compensation, this appeal has been preferred.