The Appellant filed a Claim under the Workmens Compensation Act, 1923 the Act before the Labour Officer and Commissioner for Workmens Compensation, Sub Division 2 Belgaum Commissioner against the Truck Owner and the Insurance Company, praying that an amount of Rs.
5,00,000/ be awarded to him as companypensation.
Digitally signed by MUKESH KUMAR Date 2019.12.10 154304 IST Reason The Appellant a driver of heavy vehicles, was employed by one Sekar Santharam.
1,81,494/ .
On 13.05.2006, while he was driving a truck bearing No.
He submitted that he was paying Rs.
The Appellant underwent hospitalization for a total period of 65 days, first in Government Hospital, Ratnagiri between 13.05.2006 and 01.06.2006 and thereafter, in KIMS Hospital, Hubli between 17.06.2006 and 26.08.2006.
As a companysequence, the truck turtled thrice, and the Appellant suffered grievous injuries all over his body.
Plastic surgery was performed on his right leg.
The truck was insured with the Respondent Insurance Company.
1569/2008 before the Karnataka High Court Dharwad Bench for enhancement of the companypensation awarded by the Commissioner.
2,90,390/ with Interest 12 p.a.
Insofar as the functional disability of the Appellant was companycerned, the Court held the assessment by the Commissioner at 50 was on the lower side, and increased it to 60, since the Appellant companyld numberlonger earn his livelihood as a driver, and companyld number even stand for a long time.
3,000/ p.m., and held that he had lost 50 of his earning capacity.
This led to his right leg getting permanently injured, which resulted in companyplete disability to companytinue his vocation as a driver of a heavy motor vehicle.
The Respondent Insurance Company was held liable to pay the amount awarded.
The Appellant suffered from serious injuries in his right leg by an Anterior Cruciate Ligament and a Collateral Ligament Tear.
MH 08H 0390 loaded with sand from Islampura towards Ratnagiri, he lost companytrol of the truck due to an axle cut, and dashed against a rock on the side of the road.
payable from one month after the date of the accident.
The Appellant filed MFA No.
Since the Appellant was 33 years old at the time of the accident, 201.66 was taken as the relevant factor as per Schedule IV to the Act.
4,000/ p.m. and Rs.
The companypensation was accordingly enhanced to Rs.
The Truck Owner filed his Written Statement, wherein he admitted the factum of the accident and the injuries suffered by the Appellant.
He was required to use a walking stick, and companyld number lift heavy objects.
The High Court accepted the income of the Appellant at Rs.
30 batta per day to the Appellant.
INDU MALHOTRA, J. Leave granted.
Aggrieved, the Appellant has filed the present Civil Appeal before this Court for enhancement of the companypensation awarded by the High Court.
The present Civil Appeal has been filed by the Appellant Claimant for enhancement of the companypensation awarded to him by the Karnataka High Court Dharwad Bench under the Signature Not Verified Workmens Compensation Act, 1923.
4,000/ p.m. as per the statement made by the employer.
Dr. S.D. Patil a Knee Specialist from Belagavi who had examined the Appellant, deposed that the Appellant can neither stand for a long period of time, number can he fold his legs.
Dr. Patil opined that the Appellant suffered 37 disability in his whole body, and companyld number perform the work of a truck driver any longer.
The Commissioner assessed the Appellants income at Rs.
Accordingly, the companypensation was companyputed at Rs.
