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Judgment
Huluvadi G. Ramesh, J.—Claimant has filed this appeal against the judgment dated 8.4.2013 passed in KaaAaDa/KaaNaPa/CR-48/2011 on the file of the Labour Officer and Commissioner for Workmen Compensation, Davanagere District, Davanagere, allowing the claim petition for compensation and seeking enhancement of compensation. During the course of employment on 9.7.2010, the appellant/claim ant was travelling in a lorry No. K.A.34/2619 as a cleaner for uploading the jellystone at Neralagunte. After uploading the jellystone at Belagere and after returning to Neralagunte on NH-19 while going near Sanekere Village, at about 6:30 p.m., the driver of another lorry bearing No. KA.13/A-2304 came in opposite direction in a rash and negligent manner and caused accident. Due to the said accident, the claimant sustained grievous injuries and as per the Doctor''s evidence there is fracture and swelling with lacerated wound present over left arm and tenderness present over back of the head and communicated fracture over left arm shaft humerus middle 3rd and lower 1/3 and other injuries all over the body. The Doctor has assessed the permanent disability at 30%. Subsequently, the claimant has filed the claim petition before the Commissioner for Workmen''s Compensation seeking compensation. But the Commissioner has considered only 20% of the disability and awarded total compensation of Rs. 91,102/- along with interest at 12% per annum.
Learned counsel for the claimant submits that nothing has been stated in respect of functional disability though he sustained grievous injuries. Hence, being not satisfied with the compensation awarded by the Commissioner, the claimant has filed this appeal seeking enhancement of compensation.
Heard the learned counsel for the appellant and the learned counsel for respondent No. 1.
The submission of the learned counsel for respondent No. 1 is that the claimant was working as a cleaner which has not been disputed. The compensation awarded by the Commissioner is just and proper and does not call for interference. However, with regard to the nature of injuries sustained, the claimant is entitled for another Rs. 10,000/- over and above what has been awarded by the Commissioner along with interest at 12% per annum from one month after the date of accident till the date of deposit.
Respondent No. 1-insurer is directed to deposit the award amount.
Accordingly, the appeal is allowed in part.