The court re-assessed the disability from 7% to 18% based on medical evidence, resulting in enhanced compensation.

Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

2. This appeal is filed by the appellant-injured seeking enhancement of compensation, being aggrieved by the judgment and award dated 07.03.2017 passed in ECA .No.1/2016 by the Addl. Civil Judge and JMFC., Member, AMACT and Commissioner for Employees’ Compensation, Haveri (for short, ‘Commissioner’)

3. Heard Smt.Shaila Bellikatti, learned counsel for the appellant and Sri.M.K.Soudagar, learned counsel for the respondent No.2-insurance company.

4. Learned counsel for the appellant submits that this appeal is filed only insofar as the assessment of disability is at 7% concerned, which is contrary to the evidence of PW-2 doctor. Hence, she seeks to re-assess the same by allowing the appeal.

5. Per contra, learned counsel for the respondent- insurance company supports the impugned judgment and award of the Commissioner and submits that the Commissioner has rightly assessed the disability taking note of the injuries suffered by the appellant. Hence, seeks to dismiss the appeal.

6. I have heard the learned counsel for the appellant- injured and the learned counsel for the respondent-insurance company.

7. The Commissioner, taking note of the injuries suffered by the appellant i.e., fracture of shaft of tibia and fibula, fracture of patella, fracture of head of right femur posterior dislocation and also injuries all over the body, assessed the disability at 7%. This Court is of the considered view that the disability assessed by the Commissioner is on the lower side. Taking note of the medical evidence available on record and oral testimony of PW-2, this Court re-assesses the disability at 18%. Insofar as assessment of income and applicability of relevant factor by the Commissioner does not call for any modification. Hence, the appellant-injured would be entitled to compensation under the head of loss of earning capacity due to disability would be:

Rs.4,800 X 199.40 X 18% = Rs.1,72,281.6, which is rounded of to Rs.1,72,282/-.

8. The award of compensation of Rs.69,954/- by the Commissioner towards medical bills is unaltered.

9. Hence, the appellant is entitled to modified compensation of Rs.2,42,236/- (Rs.1,72,282 + Rs.69,954) as against Rs.1,36,952/- awarded by the Commissioner. The enhanced compensation shall carry interest at the rate of 12% p.a. on the w.e.f. 30 days after the date of accident.

10. With the above modification of the impugned judgment and award, the appeal is allowed-in-part.

The Registry to transmit the records to the Commissioner forthwith.

Draw the modified award accordingly.