ORIENTAL INSURANCE CO LTD Vs. G R JNANESWARA

JUDGEMENT

(1.) This miscellaneous first appeal is filed by the Insurance Company against the impugned judgment and award dated 19.04.2010 passed by the District Judge, Additional MACT-II, I Fast Track Court, Shimoga, questioning the quantum of compensation awarded.

(2.) The claimant filed the claim petition seeking compensation for the injuries sustained by him in the accident that occurred on 22.12.2014 at about 11.25. The Tribunal on appreciation of the oral and documentary evidence on record awarded total compensation of Rs.19,69,391/- with interest at the rate of 6% from the petition till realisation and directed the insurance company to deposit the same. Being aggrieved by the same, the present appeal filed by the insurance company.

(3.) The main grounds of the appellant- Insurance Company in this appeal are that the Tribunal should have noticed that amputation of leg below knee would constitute 50% of loss of earning capacity even as per Workmen's Compensation Act now known as Employee's Compensation Act. The Doctor who has been examined has opined that the claimant has suffered 70% physical impairment in respect of right lower limb. Under the said circumstances, the whole body disability or functional disability cannot be taken at 100%. The Tribunal should have noticed that VISL did not remove the claimant owing to amputation but the claimant himself opted for voluntary retirement as the same was beneficial to him and he had received all the benefits that were available. Even according to the claimant, he has received a sum of Rs.5,00,000/- as retirement benefits. Under these circumstances, grant of compensation to the claimant holding that he has suffered 100% loss of earning capacity is erroneous. The Tribunal should have noticed that the claimant would have retired within five years and as such the income cannot be uniformly taken at the last drawn pay scale. The Tribunal should have noticed that a sum of Rs.1,00,768/- should not have been awarded in favour of the claimant when the Tribunal has proceeded to take 100% loss of earnings. The compensation of Rs.19,69,391/- awarded by the Tribunal is highly excessive and deserves appropriately to be scaled down.