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P. KRISHNA BHAT
Divisional Manager National Insurance Co. Ltd. – Appellant
Versus
Basavaraj S/o. Basanna – Respondent
JUDGMENT :
These appeals are at the instance of the insurer calling in question the legality of the award dated 30.07.2010 in WCA No.36/2008, 33/2008, 34/2008, 35/2008, 37/2008 and 38/2008 passed by the learned Commissioner for Workmen’s Compensation, Koppal.
2. Brief facts are that, claimant Tirupati Reddy was the driver, claimant Nagaraj son of Thippanna was the cleaner, claimant Nagaraj son of Siddanna, claimant Basavaraj son of Basanna, claimant Shivakumar son of Thipperudrappa and claimant Suresh son of Mallanna were all working as ‘hamalis’ in lorry bearing registration No.AP27/V7121 owned by respondent No.1 – Munirathnam (before the learned Commissioner) and insured with the appellant herein. It is stated that on 02.10.2007 as per the directions of respondent No.1 – Munirathnam, they had unloaded maize in Challakere and while they were returning to Bellary at about 2.00 a.m., on account of rash and negligent driving of the driver, the lorry in question dashed to another lorry bearing No. TN28/L9856 near Tammenahalli on S.H.19 resulting in injuries to all the claimants. It is stated that initially they had taken treatment in Toranagallu and also at Korlagundi Primary Health Cen
Workmen Compensation – Appeals - Under scheme of Act, Workmen's Compensation Commissioner is last authority on facts - Parliament has thought it fit to restrict scope of appeal only to substantial qu....
Workmen's Compensation - Fracture injuries - There is no doubt that the award amount shall carry interest at 12% per annum w.e.f. 30 days of accident till the date of realization.
The court emphasized the requirement for assessment of loss of earning capacity by a qualified medical practitioner as provided under Section 4(1)(c)(ii) of the Workmen's Compensation Act, 1923.
A disability certificate issued by a qualified medical professional suffices to establish loss of earning capacity, and factual findings of a compensation Commissioner are final if admissible evidenc....
The burden of proof lies on the employer to establish non-employment in cases of employment injury under the Workmen Compensation Act.
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