The Commissioner, Workmens Compensation, however, took 85 as functional disability for quantifying the companypensation payable to the Appellant, who was admittedly drawing a salary of Rs.15,000/ per month on the date of the accident.
It was also admitted that on account of the injuries suffered by him, the Appellant was numberlonger able to drive a vehicle and the Corporation accordingly appointed him as a Peon in the Corporation where he is drawing the same salary.
Taking the above percentage of disability, both permanent and functional, the Commissioner made an Award granting companypensation amounting to Rs.1,75,970/ , together with interest 12 per annum from 10.11.1998 till the date of deposit, to the Appellant.
Aggrieved by the companypensation awarded by the Commissioner to the Appellant herein, the Corporation through its Divisional Controller filed Misc.
The Appellant was employed as a Bus Driver in the Karnataka State Road Transport Corporation.
On such basis, the learned Single Judge modified the Award passed by the Commissioner, Workmens Compensation, and reduced the amount of companypensation from Rs.1,75,970/ together with interest at the 12 per annum, to Rs.41,404.80p.
The Medical Officer who examined the Appellant came to the companyclusion that the Appellant had suffered 65 of total body disability and 20 of functional disability.
It is the said order of the learned Single Judge, which has been challenged in this appeal.
First Appeal No.3771 of 2003 in the Karnataka High Court.
On 10th October, 1998, the vehicle being driven by the Appellant, met with an accident in which he sustained grievous injuries.
The only question which was raised in the appeal was whether the percentage of disability taken by the Commissioner, Workmens Compensation, Gulbarga, at 85 was against the weight of medical evidence adduced in the case.
In Part II of the said Schedule the loss of earning capacity in terms of percentage has been directly related to the loss of any of the limbs and parts thereof, both of the upper limbs as also the lower limbs.
ALTAMAS KABIR, J. Leave granted.
The sole respondent who is the Divisional Controller, North East Karnataka Road Transport Corporation, being duly represented and having regard to the facts involved in the appeal, the same was taken up for final disposal at the stage of admission itself.
