Page 1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.194 OF 2016           (Arising out of SLP(C)No.23838 of 2010)

   UMAPATHY                           ... APPELLANT(S)                  VS.

   D.M., NEW INDIA INSURANCE CO.LTD.       ... RESPONDENT(S)

   J U D G M E N T

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.

1

Page 2

6. The appeal is disposed of as allowed with no costs.  

Pending application, if any, stands disposed of.

       ..............J.

[ANIL R. DAVE]

..............J. [ADARSH KUMAR GOEL]

New Delhi; 12th January, 2016.

2