INDRA BAI Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal assails the judgment and order of the High Court of Madhya Pradesh at Jabalpur (in short, "the High Court"), dtd. 31/10/2022, in Misc. Appeal No. 2369 of 2003, whereby the High Court partly allowed the appeal preferred by Oriental Insurance Company Ltd. (R-1 herein) against the order of the Workmen's Compensation Commissioner/Labour Court, Jabalpur dtd. 3/9/2003 passed in Case No.134/2002/WC/NonFatal and, thereby, reduced the compensation awarded to the appellant from Rs.3,74,364.00 to Rs.1,49,745.60 by treating the permanent disability of the appellant as 40% in place of 100 %.

(3.) The appellant was employed as loading and unloading labourer with M/s. Simplex Concrete Company (R-2 herein) for Truck No. MPF 7567, which was insured with R-1. On 3/10/2002, while the appellant was loading poles/pillars in that truck, the chain pulley broke and the poles fell on the left arm of the appellant resulting in a compound fracture of her left arm as well as damage to the nerves etc. By claiming that due to the injury, the appellant has suffered permanent total disablement, as there was no grip left in her left arm, compensation was sought from R-2. R-2 claimed itself to be insured with R-1 and requested the appellant to claim compensation from R-1. As no compensation was paid, the appellant filed petition before the Workmen's Compensation Commissioner (in short, "the Commissioner") under the provisions of the Workmen's Compensation Act, 1923, now known as "the Employee's Compensation Act, 1923" (in short, "the Act").