High CourtsSingle Bench(2013) 01 KAR CK 0074

United India Insurance Co. Ltd. vs Mareppa and A. Jaffar Sab

Karnataka High Court · Decided on 3 January 2013

HON’BLE JUDGES
Ravi V. Malimath, J
CASE NUMBER
M.F.A. No. 30086/2009 (WC)

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Judgment

3 paragraphs · 219 words

Ravi Malimath, J.—This appeal has been filed by the insurer questioning the excessive grant of compensation by the Commissioner for Workmen''s Compensation. On the basis of the disability certificate wherein the disability was held at 50%, the Commissioner has assessed disability at 45% and a sum of Rs. 1,39,861/- was granted.

2.

Learned counsel for the appellant submits that the injuries sustained by the claimant is that there is a pain and tenderness over left elbow joint and also swelling and tenderness over left shoulder and were simple in nature. Ex. P. 11 disability certificate issued by the Doctor wherein he has stated that he treated the patient almost six weeks. X-ray reveals that healed up fracture site with evidence of malunion and deformity of wrist joint. He held disability at 50%. However, the Commissioner considering the facts, held the disability at 45%. On considering the material and evidence on record, I am of the considered view that there is no error committed by the Commissioner. Based on the material on record, the amount of compensation awarded by the Commissioner is just and proper.

There is no good ground to interfere with the order of the Commissioner. Even otherwise there is no substantial question of law to consider this appeal. Consequently the appeal being devoid of merits, is dismissed.