DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD. Vs. RAMADAS

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned counsel for respondent No.1.

(2.) This appeal is filed challenging the judgment and award passed in No.Kaa.A.Ba-1/Kaa.Na.Pa/CR- 12/2009 dtd. 30/11/2010 questioning the quantum of compensation awarded by the Labour Officer and Commissioner for Workmen Compensation, Bellary taking the disability at 15% and the Doctor had assessed the disability at 30%.

(3.) The main contention of the appellant-Insurance Company in this appeal is that the claimant has not produced any evidence to show that he was earning salary of Rs.5,000.00 per month in accordance with law and in the absence of proof, determining the income of the deceased arbitrarily at Rs.4,000.00 per month and awarding compensation of Rs.74,142.00 is erroneous. The counsel also would vehemently contend that the claimant has suffered simple injuries and the Doctor has falsely deposed that he is having disability at 30% and substantive question of law raised before the Court is that whether the petitioner has proved that the accident in question arose out of and in the course of employment and also with regard to the income, in the absence of any corroborative evidence, the compensation calculated is on the higher side.