(Anil R. Dave and Adarsh Kumar Goel, JJ.)
Umapathy .________________________________________ Appellant
v.
D.M., New India Insurance Co. Ltd. ___________________ Respondent
Civil Appeal No. 194 of 2016, decided on January 12, 2016
[Arising out of SLP (C) No. 23838 of 2010]
The Judgement of the Court was delivered by
Anil R. Dave, J.:—
1. Leave granted.
2. Heard the learned counsel appearing for the parties.
3. Looking at the facts of the case, in our view, the High Court ought not to have reduced the compensation payable to the appellant, an auto rickshaw driver, who had suffered injury in an accident, especially when the damage had been caused to his eyes.
4. In the aforesaid circumstances, we set aside the impugned judgment delivered by the High Court and restore the order passed by the Workmen Compensation Commissioner.
5. However, the rate of interest would be 7.5%, which, in our opinion, the High Court has rightly reduced.
6. The appeal is disposed of as allowed with no costs. Pending application, if any, stands disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 23838/2010
(Arising out of impugned final judgment and order dated 17/11/2009 in MFA No. 2805/2007 (WC) passed by the High Court of Karnataka at Bangaluru)
Umapathy.….Petitioner(s)
v.
D.M., New India Insurance Co. Ltd.….Respondent(s)
(With office report)
(For final disposal)
Date : 12/01/2016 This petition was called on for hearing today.
(Before Anil R. Dave and Adarsh Kumar Goel, JJ.)
For Petitioner(s) Mr. V.N. Raghupathy, Adv.
For Respondent(s) Mr. J.P.N. Sahi, Adv.
Mr. Neeraj Shekhar, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The appeal is disposed of as allowed with no costs in terms of signed Non-reportable judgment.
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