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Hanumanthappa S/O. Shankarappa Jakkappanavar – Appellant
Versus
Shriram General Insurance Co. Ltd. – Respondent
JUDGMENT :
These two appeals are filed by the claimant and Insurance Company challenging the judgment and award dated 19.08.2013 in WCA. No. Kaa Aa Daa/Kaa Na Pa/CR-45/2011 passed by the Labour Officer and Commissioner for Workmen, Davanagere District, Davanagere (‘the Commissioner’ for short) questioning the quantum and liability.
2. The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.
3. The claimant, in the appeal in M.F.A.1234/2014 would contend that the Commissioner has committed an error in taking the disability at 80% as against 85% assessed by the Doctor, who has been examined as P.W.3 and ought to have taken the disability at 100% when the right hand of the driver, who is having inter-state driving license for HTV and HPV is amputated. It is also contended that the Commissioner ought to have taken the income at Rs.10,000/-per month and instead, the Commissioner taken the income at Rs.4,000/-per month and failed to take note of the daily allowance of Rs.100/-per day. It is further contended that the Commissioner failed to take note of Exs.P10 to P12 which clearly establishes that he is suffering
Point of Law : When employer has not maintained the register, claim of claimant has to be accepted and in the case on hand, claimant was having inter-state driving license to drive HTV and HPV and he....
A workman dedicated to a specific job, such as a driver, may claim 100% loss of earning capacity under Section 4(1)(c)(ii) of the Act if an injury prevents the workman from performing the job he was ....
The assessment of disability under the Workmen Compensation Act must adhere strictly to statutory provisions, limiting discretion in establishing percentage of disability and wage calculations.
The assessment of disability in compensation cases must rely on credible medical evidence, and arbitrary increases in disability percentages are not permissible.
Negligence does not preclude compensation under the Employee's Compensation Act if the accident arises in the course of employment.
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