AI Structured Summary
Not yet generated for this judgment
Judgment
Huluvadi G. Ramesh, J.—This Appeal is filed by the insurer challenging the judgment and order dated 11th February 2009 passed by the Commissioner for Workmen''s Compensation, Chitradurga, in CR. No. 26/2002. The Commissioner has awarded compensation of Rs. 1,75,929/- to the claimant-2nd respondent herein.
Heard the learned counsel representing the parties.
The substantial question of law, according to the learned counsel for the appellant is that the doctor has not correctly assessed the functional disability. However, what is being noticed by the Commissioner is that, to assess the functional disability suffered by the claimant, on 18.7.2007, doctor was summoned to the Court and he has given a statement to the effect that there is permanent physical disability to the extent of 60 to 70% and loss of earning capacity to the extent of 55%. However, the doctor has denied the suggestion of the insurer that the claimant would have suffered functional disability only to the extent of 10 to 15% and not 60 to 70% as assessed by the doctor By taking into consideration the loss of earning capacity at 55% and considering the age of the claimant, the Commissioner has awarded compensation of Rs. 1,75,929/- with interest at the rate of 12% p.a. from the date of judgment till the date of deposit.
On perusal of the material on record, it is found that claimant has suffered fracture of right ankle bone. The claimant was aged about 20 years at the time of accident. In the circumstances, the compensation has to be reduced by Rs. 10,000/- having regard to the nature of injury suffered by the claimant.
In that view of the matter, the compensation awarded by the Workmen''s Compensation Commissioner is reduced from Rs. 1,75,929/- to Rs. 1,65,929/-. Accordingly, the claimant is entitled to compensation of Rs. 1,65,929/- with interest at the rate of 12% p.a. from one month after the date of accident till the date of deposit. The appellant-insurer is directed to deposit the balance amount. The claimant is entitled to withdraw the amount deposited before this Court.
Appeal is allowed in part.