Karnataka High Court
Shri.Hanamantappa S/O Laxmappa ... vs Smt.Roopa W/O Venkatesh Katwa on 20 January, 2017
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 20TH DAY OF JANUARY, 2017
BEFORE
THE HON'BLE MRS. JUSTICE S.SUJATHA
M.F.A NO.103831/2015 (ECA)
BETWEEN:
SHRI.HANAMANTAPPA
S/O LAXMAPPA THONDIKATTI
AGE:23 YEARS
OCC:DRIVER, NOW NIL
R/O:TORANGATTI
TQ:RAMDURG
DIST:BELAGAVI ... APPELLANT
(BY SRI. HANAMANT R. LATUR, ADV.)
AND:
1. SMT.ROOPA
W/O VENKATESH KATWA
AGE:40 YEARS
OCC:BUSINESS
R/O:6TH CROSS, JYOTI TOWER,
NAZAR CAMP, M.VADAGAON,
BELAGAVI, TQ:DIST:BELAGAVI
2. THE MANAGER
THE IFFCO TOKIO GENERAL
INSURANCE COMPANY LIMITED,
127/A, BHAWANI ARCADE, 3RD FLOOR,
NEAR OLD BUS STAND,
OPP BASAVA VANA,
NEW COTTON MARKET,
2
HUBBALLI
DIST:DHARWAD ... RESPONDENTS
(BY SRI. M.K. SOUDAGAR, ADV. FOR R2;
R1- SERVED)
THIS MFA FILED U/S 30(1) OF EMPLOYEES
COMPENSATION ACT, AGAINST THE JUDGMENT AND
AWARD DATED 27.07.2015 PASSED IN ECA NO.411/2014
ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND COMMISSIONER FOR EMPLOYEES COMPENSATION
BELAGAVI, ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the claimant challenging the Judgment and order passed by the Employees Compensation Commissioner, Belagavi, ['Commissioner', for short], in ECA No.411/2014.
2. Briefly stated the facts are:
That the claimant was working as a driver in a truck bearing No.KA-22/9264 and met with the employment accident on 27.5.2010 while driving in the said truck from Ponda towards Ramnagar, under the instructions 3 of his employer/respondent No.1 herein. It transpires that at that time a tipper bearing No.KA-22/A-3570 came from opposite direction at high speed in a rash and negligent manner and dashed the truck driven by the claimant. In the process, the claimant sustained fracture to his right hand, fracture of skull and grievous injury to brain. Thereafter, he was taken to Goa medical College Hospital wherein he had undergone surgery. Thereafter, he was shifted to Vijaya Hospital, Belgaum, wherein, again he had undergone surgery. It was contended that he spent a sum of Rs.1,00,000/- towards medicine and treatment and accordingly based on these grounds sought for compensation for the injuries sustained by him in the employment accident. On service of notice, the insurance company appeared through their Counsel and filed the written statement denying almost all the petition averments. After evaluating the evidence on record, the Commissioner awarded total compensation of Rs.3,00,716/- with 4 interest at 12% per annum from 26.6.2010 till the date of deposit. Aggrieved by the same, the claimant is in appeal seeking for enhancement of compensation.
3. Heard the learned Counsel for the parties and perused the material on record.
4. The factum of accident resulting in the injuries sustained by the claimant is not in dispute. The discharge card issued by Vijaya Hospital marked as Exhibit.P9 and the discharge card issued by Ganga Surgical Hospital marked as Exhibit.P12 and X-ray report at Exhibit.P16 coupled with the evidence of the qualified Medical Practitioner who was examined as PW.2 discloses that the claimant had suffered fracture communited right radius with segmental fracture ulna and head injury with fracture of right parietal bone. The qualified Medical Practitioner who had examined the claimant had assessed the permanent physical disability at 50% to the right upper limb and 15% to 5 cervical spine. Considering the same, the Commissioner determined the loss of earning capacity to the extent of 30% which is justifiable. However, the monthly income determined by the Commissioner at Rs.6,000/- appears to be meager compared to the date of the accident and the other relevant factors. Considering the date of the accident i.e., 27.5.2010 and the occupation of the claimant i.e., the driver and his young age 23 years, this Court is of the considered opinion that it would be reasonable to re-determine the monthly income at Rs.8,000/-. Applying the same with the loss of earning capacity at 30%, the total compensation would work out to Rs.3,16,728/- [8,000 x 60% x 30% x 219.95]. The claimant shall be entitled to a sum of Rs.63,170/- towards medical expenses incurred by him as per Exhibit.P13. Accordingly, the total compensation works out to Rs.3,79,898/-. 6
5. The appellant shall be entitled to the total compensation of Rs.3,79,898/- with interest at 12% per annum after 30 days of the date of the accident till the date of deposit.
Appeal stands disposed of in terms of the above.
Sd/-
JUDGE AN/-