UMESHA Vs. PANCHAPPA

JUDGEMENT

(1.) The claimant filed the present appeal for enhancement of compensation against the judgment and award dated 16.09.2016 made in ECA No. 46/2014 on the file of Workmen's Compensation Commissioner/Tribunal awarding total compensation of Rs. 22,461/- with interest at 9% per annum from the date of the accident till the second respondent deposited the said amount.

(2.) The claimant filed the claim petition under Section 22 of the Workmen's Compensation Act, 1923, seeking compensation towards the injuries sustained by him contending that he was working as a loader and unloader under the first respondent in the lorry bearing registration No. KA-22-A-5991 and as per the instruction of the first respondent, the owner of the lorry, on 25.06.2008 at about 5 p.m., the claimant and another, who were unloading the groundnut bags from the lorry of respondent No. 1 in Rajeswari Trading Company Mill, Bellary Road, Challakere, the driver of the said lorry without giving any signal or whistle by applying the reverse gear in a rash and negligent manner and due to the rash and negligent driving of the said lorry by its driver, the claimant - appellant sustained grievous injuries due to fall of groundnut bags on him and immediately, he was shifted to the Government hospital, Challakere and as per the advice of the Doctor, he was shifted to C.G. hospital, Davanagere. Thereafter, he was shifted to Manipal hospital, Bengaluru, for further treatment.

(3.) It is the further case of the claimant that he has taken treatment as inpatient for about one week in Manipal hospital and Doctor has confirmed fracture of left I, II, IV, VI and VIII ribs and other serious injuries sustained by the claimant all over his body. The claimant has spent about Rs. 80,000/- towards medical expenses. He further contended that the accident arose out of and during the course of his employment under the first respondent and as a result of the injuries sustained by him in the accident, he has become permanent disabled to do loading and unloading work. Hence, he has lost his physical capacity as well as earning capacity. Therefore, he sought for award of compensation.