Supreme Court - Daily Orders
Sri Eregowda @ Vasu vs The Divisional Manager United India ... on 18 July, 2017
Bench: Ranjan Gogoi, L. Nageswara Rao, Navin Sinha
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.9263 OF 2017
[Arising out of Special Leave Petition
(Civil) No. 7100 of 2012]
SRI EREGOWDA @ VASU ...APPELLANT(S)
VERSUS
THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.
& ANR. ...RESPONDENT(S)
ORDER
1. Leave granted.
2. The challenge in this appeal is to an order of the High Court of Karnataka dated 20th July, 2010 passed in M.F.A. No.9946 of 2005 by which the claim of higher compensation made by the appellant was rejected and the compensation awarded by the Workmen's Compensation Commissioner and Labour Officer, Dairy Circle, Bangalore was Signature Not Verified affirmed.
Digitally signed byVINOD LAKHINA Date: 2017.08.08 17:02:18 IST Reason: 2
3. The appellant is a driver by profession and in an accident that had occurred on 21st December, 1999 he had suffered certain injuries resulting in the following disabilities as found by the Medical Expert who had occasion to examine and treat the appellant:
“1) Wasting & Weakness of Muscles of left upper limb.
2) Tenderness & Deformity of left forearm.
3) 2 operated scars over left forearm.
4) Restriction of Movements of left writs by last 10 degree and left forearm by last 20 degrees.
5) Shortening of 2 cms. Of left upper limb.
The Radiological examination showed the following:
1) Malunited collar fracture left forearm 2) Absence of lower end of left ulna with secondary arthritis left wrist with deceased introseuns space left forearm.”
4. On the basis of the aforesaid injuries, the doctor had assessed the physical disability suffered to be to the 3 extent of 52%. Accordingly, compensation was worked out by the learned Commissioner by taking into account the loss of earning capacity to be 50% of the income that the appellant was earning which was quantified at Rs.4,500/- per month.
5. We have heard Shri V.N. Raghupathy, learned counsel for the appellant. There is none to oppose the present appeal.
6. We have perused the medical evidence on record. Having regard to the same and the nature and extent of the injuries suffered which have been extracted above we are of the view that the appellant would not be able to discharge the duties of driver any further. Though the physical disabilities in the present case has been assessed at 52%, the loss of earning capacity would be 100%. For the aforesaid reasons, we modify the award of the learned Workmen's Compensation Commissioner and Labour Officer, 4 Dairy Circle, Bangalore and award compensation on the basis of 100% loss of earning of the appellant i.e. Rs.4,500/- per month. The compensation will now be recomputed on the aforesaid basis by the learned Commissioner and the balance compensation along with interest at the rate of 6% per annum thereon be paid to the appellant by the Insurer forthwith.
7. The appeal is allowed to the extent indicated above.
….............J [RANJAN GOGOI] ….................J [L. NAGESWARA RAO] ….............J [NAVIN SINHA] NEW DELHI JULY 18, 2017 5 ITEM NO.12 COURT NO.4 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 7100/2012 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 20-07-2010 IN MFA NO. 9946/2005 PASSED BY THE HIGH COURT OF KARNATAKA AT BANGALORE) SRI EREGOWDA @ VASU PETITIONER(S) VERSUS THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD. & ANR. RESPONDENT(S) (FOR FINAL DISPOSAL) Date : 18-07-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. V. N. Raghupathy, AOR Mr. Parikshit P. Angadi, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
[VINOD LAKHINA] [ASHA SONI] AR-cum-PS BRANCH OFFICER [SIGNED ORDER IS PLACED ON THE FILE]