Karnataka High Court
National Insurance Co Ltd vs Sri Swamy Bhovi on 8 November, 2012
Author: N.Ananda
Bench: N.Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 08TH DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
M.F.A.No.3522/2009 (WC)
BETWEEN:
National Insurance Co. Ltd.
Bangalore
Rep. by National Insurance Co. Ltd.
Hassan.
The appellant is rep. herein by its
Administrative Officer
National Insurance Co. Ltd.
Bangalore Regional Office
Subharam Complex
144, Mahatma Gandhi Road
Bangalore - 560 001. ... Appellant
(By Smt.Deepa M., Advocate for M/s.Lexplexus, Advocates)
AND:
1. Sri Swamy Bhovi
S/o Muniya Bhovi
Aged about 24 Years
Kudukundigrama
Gandsi Hobli, Arasikere Taluk
Hassan District.
2. Shadakshari B.S.
S/o Shivananjappa
Beerasandra
K.B.Cross, Tipatur
Tumkur District. ...Respondents
(By Smt.D.K.Kamala, Advocate for R1; R2 - Served)
2
This appeal is filed under section 30(1) of Workmen's
Compensation Act, against the award dated 04.03.2009, passed in
WCA/NF/SR-45/2006, on the file of the Labour Officer and
Commissioner for Workmen's Compensation, Hassan Sub-
division, Hassan, awarding compensation with interest.
This appeal coming on for hearing this day, the court
delivered the following:
JUDGMENT
The Insurance Company has filed this appeal for reduction of compensation.
2. I have heard learned counsel for Insurance Company and learned counsel for claimant.
3. As per medical evidence, claimant had suffered fracture of neck of left femur. Even after complete treatment, claimant suffers from restricted movements of left hip joint. The claimant was a Cleaner by occupation; he was aged about 17 years at the time of accident. The Medical Officer has assessed permanent physical disability of left lower limb at 50% and 30% with reference to whole body. Contrary to this, the Commissioner for Workmen's Compensation has 3 determined permanent physical disability vis-à-vis loss of earning capacity at 60%, without assigning any reasons.
4. Therefore, having regard to nature of injuries, consequent disability and avocation of claimant, I determine permanent physical disability vis-à-vis loss of earning capacity at 40%. The other facts not being in dispute, claimant is entitled to compensation of Rs.1,91,092/- (Rs.2100/- x 227.49 x 40%) with interest at 12% per annum after 30 days from the date of accident till the date of deposit/payment.
5. In the result, I pass the following:-
ORDER The appeal is accepted in part. The compensation of Rs.2,86,637/- awarded by the Commissioner for Workmen's Compensation is reduced to Rs.1,91,092/- with interest at 12% per annum from 19.02.2006 till the date of deposit/payment. The amount deposited by the Insurance 4 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 the Insurance Company.
Sd/-
JUDGE SNN