ORIENTAL INSURANCE COMPANY LIMITED, SHIMOGA BRANCH THROUGH ITS REGIONAL OFFICE REP. BY ITS ADMINISTRATIVE OFFICER, K. JAYARAM Vs. PUNEETH N.R. S/O. RAJANNA, CONDUCTOR AND A. SUBHASH CHANDRA JAIN S/O. AMRUTHLAL

JUDGEMENT

(1.) THE appeal is filed by the appellant - Insurance Company, challenging the quantum of compensation awarded by the Commissioner for Workmen's Compensation, Shimoga Dist. Shimoga, (hereinafter referred to as 'Commissioner').

(2.) FOR the sake of convenience, parties axe referred to as they are referred to in the claim petition before the Commissioner.

(3.) THE claimant in support of hic case examined himself as P.W.1 and the Doctor) who treated him as P.W.3. He has produced about 9 documents, which are marked as Exs.P.1 to P.9. The Insurance Company after examination, produced the Insurance Policy as Ex.R -1 but did not lead any oral evidence. The Commissioner after considering the oral and documentary evidence, by the impugned award held that the claimant has established that he is a workman as contemplated under Section 2(1)(n) of the Workmen's Compensation Act (hereinafter referred to as the 'Act') and that he has sustained injuries in the accident that occurred during the course of and out of his employment and is entitled to seek compensation. Thereafter, the Commissioner by assessing the wages of the claimant at Rs. 4,000/ - and the loss of earning capacity at 50%, awarded compensation of Rs. 2,71,656/ - with interest 3t 12% after 30 days from the date of accident.