ORIENTAL INSURANCE CO LTD Vs. MOHD NASIR

JUDGEMENT

(1.) Leave granted.

(2.) Applicability of the respective provisions of the Workmens Compensation Act, 1923 (1923 Act) and Motor Vehicles Act, 1988 (1988 Act) in respect of the claimants who had suffered disability is the question involved in this appeal.

(3.) The factual matrix involved in these cases would be noticed by us separately. SLP (C) No. 11215 0/2006 First respondent in this appeal was the driver of a truck bearing registration No. UP-21-9636. Respondent No. 2 was its owner. An accident took place on 2.10.2004 wherein first respondent suffered an injury in his right leg besides others. He filed an application for award of compensation in terms of the provisions of the 1923 Act before the Commissioner of Workmens Compensation, Moradabad claiming a sum of Rs. 1,50,000/- with interest. The Commissioner opined that although the workmen had suffered 15% disability but loss of his earning capacity was 100%. Noticing that he was aged about 35 years and his salary was Rs. 3,200/- per month, a sum of Rs. 3,78,355.20 was awarded with interest at the rate of 12% per annum from the date of accident till payment. The High Court dismissed the appeal in limine. SLP (C) No. 16171 of 2006 Respondent No. 1 was a cleaner in a truck. It collided with a tanker on 17.7.2002 resulting in fracture of his femur right thigh. Respondent No. 1 was hospitalized from 19.7.2002 to 7.8.2002. He filed claim petition under the 1923 Act for a sum of Rs. 3,00,000/-. By an order dated 8.9.2003, the Commissioner awarded a sum of Rs. 93,302/- on the premise that he was aged 22 years and his income was Rs. 2003/- per month. Although the disability was determined at 20% to 25%, the loss of earning capacity was determined at 35%. The doctor who had treated him, in his deposition, stated that disability of the first respondent was between 20% to 25%. The High Court, by reason of its impugned judgment dated 14.6.2006 determined his loss of earning capacity at 60% and the amount of compensation, on the said premise, was enhanced to Rs. 2,65,865.37. SLP (C) No. 21012 of 2006 First respondent was hired as a casual labour for loading and unloading. The truck in which he was working collided with a stationary lorry as a result whereof he sustained injuries. He filed claim petition under the 1923 Act claiming a sum of Rs. 1,50,000/- before the Commissioner. The Commissioner, by an order dated 29.4.2004 assessed his disability at 40%. However, the loss of earning capacity was taken to be 80%. An amount of Rs. 2,17,169.83 was awarded as compensation. An appeal preferred by the insurance company thereagianst has been dismissed by the High Court in terms of the impugned judgment. SLP (C) No. 74 of 2007 Respondent Nos. 1 and 2 were engaged for loading and unloading broken rice on casual basis in a lorry which collided with a stationary lorry resulting in sustaining injuries to respondent No. 1. He filed an application before the Workmens Compensation Commissioner claiming an amount of Rs. 3,00,000/- as compensation. His disability was assessed at 40% but loss of earning capacity was assessed at 80% by the doctor. The Commissioner, by an order dated 29.4.2004 assessed the disability of the respondents at 80% and loss of earning capacity at 100%. A sum of Rs. 2,09,123/- was awarded. By reason of the impugned judgment the High Court affirmed the award. SLP (C) No. 2854 of 2008 Respondent No. 1 on 31.5.1995 was travelling in an Ambassador car which collided with a bus as a result whereof he sustained injuries. He filed an application under Section 166 of the 1988 Act claiming a sum of Rs. 18,00,000/- before the Motor Accident Claims Tribunal. He was aged about 65 years. He is a practising advocate. By an award dated 21.2.2002, the Tribunal assessed the permanent disability suffered by him at 50%. A sum of Rs. 1,95,000/- was awarded keeping in view the fact that he was unable to work for 39 months. A sum of Rs. 50,000/- was also awarded towards future loss of income. In total, MACT awarded Rs. 7,42,191/-with 9% interest per annum. On an appeal preferred thereagainst, the High Court, by reason of the impugned judgment, enhanced the amount of compensation to Rs. 12,37,191/- with 9% interest per annum.