YASHWANTHA H.S. Vs. M/S. NEW INDIA ASSURANCE CO. LTD., CHITRADURGA & ANR.

JUDGEMENT

(1.) The appellant/claimant is before this Court for enhancement of compensation.

(2.) Learned counsel for the appellant submits that the claimant was a cleaner. aged about 19 years and he sustained permanent disablement to the extent of 30 to 35% to the limb as per PW.2/medical officer. But the Tribunal has fixed the permanent disablement only at 10% to the whole body and awarded lesser compensation on all the heads. He submits that no compensation is awarded under the head of 'loss of amenities'. He cited a decision reported in 2011 STPL (Web) 370 SC : (AIR 2011 SC 1785) in the case of Sri Nagarajappa Vs. The Divisional Manager, The Oriental Insurance Co. Ltd. , on the point that in the case of manual labourer, the permanent disablement was assessed at 68% with reference to upper limb but the Apex Court fixed permanent disablement at 68% to the whole body and awarded compensation. Therefore, he submits that the permanent disablement may be fixed at 35% to the whole body and compensation may be enhanced.

(3.) Learned Counsel for Respondent No. 1/Insurance Company submits that the Tribunal has awarded adequate compensation and there is no good ground made out for enhancement of compensation. He also submits that the decision cited by the appellant's counsel is not applicable to the case on hand.