SYED ABDUL SAMAD Vs. JABBAR HUSSAIN

JUDGEMENT

(1.) THIS appeal is filed by the respondent against the judgment and award passed by the Commissioner for Workmen's Compensation, Davanagere, dated 20. 4. 1996, awarding compensation to the respondent-claimant after assessing the permanent disability at 100 per cent due to the fracture of left hand sustained by him during the course of his employment while driving the lorry bearing No. MYK 6614.

(2.) I have heard the learned counsel appearing on both sides.

(3.) LEARNED counsel for the appellant submitted that the medical officer, PW 2, who examined the respondent-claimant has estimated the permanent disability suffered by the claimant at 40 per cent and he has also given evidence to the effect that the respondent-claimant can drive the vehicle though not as effectively as he could drive prior to the date of accident. He, therefore, contended that the learned commissioner has erred in drawing an inference from the evidence of the doctor, pw 2, that the claimant has suffered 100 per cent disability and that it is not possible for him to drive any vehicle and in awarding compensation of Rs. 1,09,975 on that basis. In support of his contention, he relied upon two latest decisions of this court in Oriental Insurance Co. Ltd. v. Raju, 1998 ACJ 1025 (Karnataka) and nisar Ahmed Abdul Rahiman v. Babulal achal Singh, 2000 ACJ 58 (Karnataka ).