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Judgment
Huluvadi G. Ramesh, J.—The delay of 49 days in preferring the appeal is condoned. Heard on merits. This appeal by the appellant-Insurance Company is against the award passed by the Commissioner for Workmen''s Compensation, Bijapur, Sub-Division-1 in WCA/SR/No. 37/2010, dated 29-7-2010.
On 11-11-2009, the claimant was driving a Cruiser vehicle bearing No. KA-29/M-4579 and when he went near Netra Village, the vehicle collided with KSRTC bus. Due to the impact, the claimant sustained fracture of left humorous. A claim petition was filed for compensation. The Commissioner after enquiry, having held that the accident occurred during the course of employment and the claimants have sustained the injuries, awarded total compensation of Rs. 1,03,334/-. The Commissioner, taking the income of the deceased at Rs. 4,000/- per month, after applying appropriate factor has assessed the disability to the extent of 20%. Being aggrieved, the insurer is before this Court challenging the quantum of compensation awarded.
Heard the Counsel representing the parties.
According to the learned Counsel for the appellant/insurance company, as per the Wound Certificate and the medical evidence, there is a healed injury except fracture of humorous and the disability assessed to the extent of 20% is on the higher side. Accordingly, she has sought for reduction of the compensation awarded.
Learned Counsel appearing for the respondents/claimants submitted that the claimants have sustained the fracture of hand which comes in the way of driving the vehicle and the assessment of disability by the doctor is proper. On perusal of the award passed and also the medical evidence, it is seen there is a fracture towards left humorous and the percentage of disability is on the higher side. In that view of the matter, the compensation is reduced to Rs. 80,000/- with interest from one month after the date of accident till deposit.
The amount in deposit to the extent of modified award be released in favour of the claimants and remaining amount be returned to the insurer.
The appeal filed by the appellant-Insurance Company is allowed in part.