B SAMYA NAIK Vs. BASAVARAJA

JUDGEMENT

(1.) The present appeal is filed by the appellant/claimant against the Judgment and Order dated 11.12.2015 passed in ECA No.81/2015 on the file of the II Additional Senior Civil Judge and CFEC, Chitradurga seeking enhancement of compensation.

(2.) The parties herein are referred to as per their ranking before the Tribunal.

(3.) It is the case of the claimant that he was working as a hamali (loader and unloader) under the employment of respondent No.1, who is the owner of Lorry bearing Registration No.KA-05/B-8752. The claimant was earning monthly wages at Rs.6,000/- along with bata of Rs.100/- per day under the employment of respondent No.1. On 21.05.2013 at about 11.30 a.m., as per instructions of respondent No.1, the petitioner along with other hamalies loaded the stone slabs and brought them in the said lorry to be unload at Tirumala Hospital, Challakere Town. When the claimant and others were unloading the stone slabs from the said lorry by the side of road near the said hospital, one stone lap slipped and fell on the left leg of the petitioner/claimant in spite of his due care. As a result of which, the claimant had sustained grievous injuries comminuted fracture of left leg with multiple fragmentation open type II fracture of LS Spain and other injuries all over the body. Immediately, he was shifted to Government Hospital, Challakere, where he was given first aid treatment. On advise of the Doctor, the injured was shifted to Government Hospital, Chitradurga, where he took treatment as an inpatient from 21.05.2013 to 29.06.2013. It is further contended that he underwent surgery by fixing rod, screws, plates, nails to his left leg and also applied belt to his LS Spain fracture. Thereafter, he was under follow-up treatment and incurred medical expenses of Rs.1,00,000/-.