ARUN KUMAR JHA Vs. RANVIR SINGH & ANR

JUDGEMENT

(1.) Leave granted.

(2.) Heard the learned counsel for the appellant and the learned counsel for the Insurance Company. There is no appearance for respondent No.1/owner.

(3.) This is a case where the appellant was denied the benefit of functional disability. In view of the judgment of this Court in K. Janardhan v. United India Insurance Company Limited & Another reported in, 2008 8 SCC 518, the law is well settled that being a driver, in the nature of injury resulting in amputation of right leg below one third the thigh, there cannot be any dispute that there is 100% functional disability. The Commissioner, Workmen Compensation has granted compensation only to the tune of Rs.3,87,187/- with penalty.