Judgment :

GANGULY, J.

1. Leave granted

2. This Appeal impugns the order of the High Court of Karnataka in Miscellaneous First Appeal No. 259 of 2008 dated 20.07.2009, whereby the High Court enhanced the compensation granted by the tribunal to the appellant only to the extent of Rs.34,000/-without disclosing adequate reasons.

3. This Court finds that the High Court did not properly consider the case for enhancement. Thus after condonation of delay, this Court passed an order dated 05.02.2010 as follows:

"....Heard learned counsel for the petitioner and perused the records.

We are prima facie of the view that the impugned judgment of the High Court deserves to be set aside and the matter remitted to it for fresh disposal of the Miscellaneous First Appeal filed by the petitioner because the High Court has failed to consider the issues relevant for deciding the cases involving claim for compensation.

Issue Notice to the Respondents........"

4. Pursuant thereto show cause notices were issued to the respondents on 17.2.2010 and service was complete.

5. The material facts are that appellant was working as a mason and was aged 50 years at the time of accident. On the fateful day of 08.01.2