MOUNESH Vs. THIMMANNA

JUDGEMENT

(1.) THE appellant/petitioner was a loader attached to the tractor/trailor working under appellant in MFA No. 135/2004. When the petitioner was travelling in the course and out of employment the tractor /trailor met with an accident. THE petitioner sustained fracture injury to the spinal column. THE petitioner is totally paralyzed. THE doctor has assessed the disability at 60%. A claim is made before the Motor Vehicles Claims Tribunal instead of Workmen Compensation Commissioner,

(2.) THE Tribunal has found that the petitioner is entitled for compensation of Rs.1,67,400/-. THE liability of the insurer is restricted to Rs.79,182/-. As per the liability arising under the Workmen's Compensation Act, the balance of compensation is directed to be payable by the owner. THErefore, one appeal is filed by the petitioner seeking enhancement of the compensation and direction against the insurer to pay the entire compensation and another is filed by the insurer to fasten the liability on the insured of the vehicle in question.

(3.) THE petitioner is totally paralyzed. THE disability assessed by the Doctor is only technical nature. THE petitioner is substantially disabled to do any work, which he was able to do prior to the accident. THE income of the petitioner is assessed at Rs.1500/-. THE reckonable income for compensation would be Rs.900/- (60% of 1500 = 900). THE relevant factor would be 165.91. THE total compensation payable would be Rs.1,49,319/- (900 x 165.91) with interest at 12% p.a. from one month after accident till the date of payment. THE entire compensation shall be payable by the insurer. THE appeals are allowed.