RAFIK Vs. SHANMUKAPPA AND ORS.

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and order dated 14 -08 -2008 made in WCA/NF/148/2007 passed by the Labour Officer and Commissioner for Workmen's Compensation, Haveri (hereinafter referred to as 'the WCC') has filed this appeal.

(2.) In the claim petition, the claimant has contended that he was working as a cleaner in a lorry bearing registration No.KA -27/A -4545 belonging to the first respondent herein. As per the instructions of owner of the vehicle, on 30th January 2007, after unloading crushed stones at Huvina Hadagali, while returning, due to the rash and negligence driving of the lorry, the driver lost control over the vehicle and the vehicle met with an accident. The claimant who was working as a cleaner in the said lorry sustained grievous injuries. Initially he had taken treatment in the Government Hospital at Ranebennur and thereafter he had taken treatment in Private Hospital at Davanagere. The claimant claims that owner of the vehicle was paying him salary of Rs.200/ - per day and batta of Rs.50/ - per day. The accident occurred during the course and out of employment. Hence, sought for compensation of Rs.5,00,000/ -.

(3.) The owner of vehicle though served with notice, remained unrepresented. The second respondent - insurance company entered appearance and filed written statement disputing the accident and denied their liability. The WCC, after considering the oral and documentary evidence let in by the parties, found that in the accident the claimant has sustained fracture of 5th and 6th ribs, the fracture of left pubic rami and injury to the pelvis. The doctor has assessed the disability to an extent of 45% towards fracture of pubic rami and 15% towards fracture of two ribs and assessed the disability to an extent of 60%. However, the doctor has not assessed the functional disability of the claimant. The WCC taking into consideration functional disability at 38% and taking the income of the claimant at Rs.3,200/ -p.m., applying the relevant factor 211.79, as he was aged about 28 years, awarded a sum of Rs.1,54,522/ - with interest at the rate of 12% p.a. from the date of the order. Being not satisfied with the quantum of compensation, the claimant has filed this appeal.