Karnataka High Court
The New India Assurance Co Ltd vs Sri M Rajanna S/O Late Sri.Muniswamappa on 20 November, 2012
Author: N.Ananda
Bench: N. Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR.JUSTICE N. ANANDA
M.F.A. No.4819/2009 (WC)
BETWEEN:
The New India Assurance Co. Ltd.
No.10/1, Kukraja House,
1st Floor, Kumara Krupa Road,
Bangalore - 560 001.
Rep. by Divisional Manager ... Appellant
(By Sri P.B.Raju, Advocate)
AND:
1. Sri M.Rajanna, 52 Years
S/o late Sri Muniswamappa
R/at 5th Cross, Gokula 1st Stage,
Mathekere Main Road,
Yeshwanthpura,
Bangalore - 560 022.
2. M/s.Kirloskar Electric Co. Ltd.
No.5555, Malleshwaram (West)
Bangalore - 560 055. ... Respondents
(By M/s.Lawyers Net, Advocate for R1; Sri B.G.Suryakumar,
Advocate for M/s.Esskay Associates, Advocates)
This appeal is filed under Section 30 (1) of Workmen's
Compensation Act, against the judgment and award dated
16.03.2009, passed in WCA.NFC/CR.No.41/2001, on the file of
the Labour Officer and Commissioner for Workmen's
Compensation, Sub-division-1, Karmika Bhavana, Bhannerghatta
Road, Bangalore, awarding compensation with interest and etc.
2
This appeal coming on for hearing this day, the Court
delivered the following:
JUDGMENT
The insurance company has filed this appeal interalia contending that, under the workmen's group insurance policy issued in favour of respondent, liability of insurance company is subject to terms and conditions of the policy. Therefore, the Commissioner for Workmen's Compensation should have restricted liability of insurance company as per terms and conditions of group insurance policy.
2. It is established from the evidence on record that the claimant had suffered injuries in the course of employment. Before the Commissioner for Workmen's Compensation, the administrative officer of insurance company has deposed that, the insurance company has issued a group insurance policy and in terms of group insurance policy, the claimant is entitled to compensation of Rs.2,50,000/-. The commissioner, on appreciation of records produced by claimant has held that the insurance company 3 has paid compensation of Rs.3,50,000/- in respect of one of the injured persons.
The witness for the insurance company has admitted that, total sum assured was Rs.80,50,50,000/-. The premium paid was a sum of Rs.10,90,578/- and the list of employees (in all 12,644) insured under the group insurance policy is available with the insurance company. It is also admitted by the witness for the insurance company that employees covered under group insurance policy are entitled to compensation of Rs.2,50,000/- each, if they suffer injures during course of employment.
3. In the case on hand, the Commissioner has directed the insurance company to pay compensation of Rs.3,15,972/-, the insured (employer) to pay interest at 12% per annum from the date of accident.
4. The claimant has claimed compensation of Rs.1,72,600/-. It is pertinent to note that claim petition was filed after appellant took voluntary retirement. There is no satisfactory medical evidence to prove that claimant had 4 suffered 75% of loss of earning capacity. Therefore, the Commissioner should have awarded compensation as prayed for by the claimant. There is no evidence on record that claimant was forced to take voluntary retirement due to injuries suffered by him in the course of employment. The accident in question took place on 10.01.2000. The claimant opted to take voluntary retirement on 17.04.2001. The employer accepted the application and permitted the claimant to take voluntary retirement on 18.04.2001.
5. The evidence on record does not disclose that claimant had suffered permanent physical disability vis-à-vis loss of earning capacity to the extent of 75% when he took retirement on 18.04.2001.
The claimant has admitted that he had suffered injuries on 10.01.2000 and he was treated in Ravi Kirloskar hospital. He has admitted that he resumed work and he worked during the period between 30.01.2000 to 18.02.2000. He has admitted that his employer had made the entire medical expenditure. He has admitted that he had 5 worked during the period between 19.02.2000 to 25.04.2000 and he had received full wages during the aforestated period. He has admitted that he has been advised by the medical officer to wear waist belt.
The claimant has pleaded that he is disabled and he cannot perform any work which he was performing before the accident. The CT scan report (Ex.P7) issued by Elbit Diagnostic Centre reads thus:
"Central and left paracentral Herniation of L5-S1 disc with inferior extension compressing the anterior epidural fat, traversing left S1 nerve root and compromising the spinal canal. The extruded portion of the disc is seen to extend to left lateral recess of S1.
Posterior Bulge of L4-5 disc compressing the anterior epidural fat, indenting the dural SAC and compromising the neural foramina.
Spinal canal and nerve roots are normal at this level."
Therefore, the evidence of claimant that he has been completely disabled from doing any work cannot be accepted.
6
In the circumstances, the commissioner should have restricted compensation as prayed for by the claimant and should have awarded compensation of Rs.1,72,600/-. It is also pertinent to note that after the accident, claimant had received a sum of Rs.23,500/- towards medical expenditure and a sum of Rs.10,532/- from his employer.
In the circumstances, the Commissioner was not justified in awarding compensation of Rs.3,15,972/- ignoring the specific claim put forth by claimant that he is entitled to compensation of Rs.1,72,600/-.
6. In the result, I pass the following:
ORDER
i) The appeal is accepted in part.
ii) The impugned award is modified.
iii) Compensation of Rs.3,15,972/- awarded by the
Commissioner for Workmen's Compensation is
reduced to Rs.1,72,600/- with interest at 12% per annum from 10.02.2000 till the date of payment/deposit.7
iv) The liability to pay compensation is on the insurance company.
v) The liability to pay interest is on the insured (employer). The interest aforestated shall be paid to claimant subject to reduction of counter interest on a sum of Rs.34,000/- already paid by the employer.
The amount deposited by the insurance company shall be transferred to the Commissioner for Workmen's Compensation. If the insurance company has deposited amount in excess of what has been awarded herein, the same shall be refunded to insurance company.
Sd/-
JUDGE Np/-