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Judgment
V. Jagannathan, J.—Heard learned Counsel Shri C.R. Ravishankar for the appellant insurance company in respect of the appeal filed challenging the quantum of compensation awarded to the respondent No. 1-claimant by the W.C. Commissioner, Hassan.
Shri C.R. Ravishankar, learned Counsel for the appellant submits that the Commissioner erred in taking the whole body disability from the loss of earning capacity point of view at 50% and it is against the medical evidence of the doctor who has put it at 43.33% and therefore, assessment made by the Commissioner calls for interference, so also the interest awarded by the Commissioner.
Having thus heard the learned Counsel for the appellant and respondents having remained absent despite service and on going through the impugned order, I find that the doctor has opined that disability is 43.33% for the whole body and again the claimant was examined on 29.2.2009 and on that day, doctor has opined that there is a likelihood of right hip portion being replaced, apart from the knee bone also gradually getting deteriorated leading to depletions. Taking note of the said evidence of the doctor, the Commissioner has assessed the loss of earning capacity at 50% and more over, the claimant happens to be the loader by occupation. I therefore see no error committed by the Commissioner in assessing the loss of earning capacity at 50%. However, as far as interest is concerned, the Commissioner erred in awarding interest at 12% through out but it ought to have been at 71/2 in view of the judgment of the Apex Court reported in 2009 AIR SCW 3717.
To the extent of modification of interest, appeal is allowed in part The amount in deposit be transferred to the W.C. Commissioner.