AI Structured Summary
Not yet generated for this judgment
Judgment
Huluvadi G. Ramesh, J.—Claimant has filed this appeal against the judgment dated 27.11.2009 passed in KaaAaTu/KaaPaKaa/CR-67/2008 on the file of the Labour Officer and Commissioner for Workmen Compensation, Tumkur District, Tumkur, allowing the claim petition for compensation and for such other relief. The claimant being the driver of the auto bearing registration No. KA-06-3452 is said to have sustained injuries in the accident occurred on 25.3.2008 in the night near State Bank of Mysore, Siragate, Tumkur. Due to the said accident, the claimant sustained injuries namely fracture of both the bones of left leg. The Doctor has assessed the functional disability at 15% to the whole body. The claimant has filed the claim petition before the Commissioner for Workmen''s Compensation seeking compensation. But the Commissioner has considered only 10% of the disability and awarded total compensation of Rs. 51,667/- with interest at 12% per annum.
According to the learned counsel for the appellant/claimant, he is permanently disabled and has sought for enhancement of compensation on the ground that the Doctor has assessed the functional disability at 15%, but the Commissioner has considered only 10% of disability which is erroneous.
Heard the learned counsel for the appellant and the learned counsel for respondent No. 1. From the above facts and circumstances of the case, the disability of the claimant is taken at 15% as assessed by the Doctor, and thus the claimant is entitled for another Rs. 25,833/- 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.