NATIONAL INSURANCE CO LTD Vs. ABDUL MAJEED

JUDGEMENT

(1.) THIS appeal is directed against the order of the Commissioner for workmen's Compensation and Labour commissioner, Mangalore, dated 2. 5. 2000 passed in Case No. WCA. CR. 41 of 1998. The respondent No. 1 (workman) is engaged by the respondent No. 2 employer. Appellant is the insurance company. I would be referring to them as per their status before the Commissioner.

(2.) WORKMAN-PETITIONER filed a petition under section 10 of the Workmen's Compensation Act seeking for compensation before the Commissioner for Workmen's compensation (for short 'the Commissioner') against the respondent employer. His case was that he was working as a driver with the employer. He was driving the lorry Tata 407 bearing No. KA 20-287 belonging to the employer. He was getting a sum of Rs. 3,000 per month as salary. On 11. 4. 1998 at about 7. 30 a. m. as per the instruction of his employer he was driving the said vehicle from Chickmagalur to Mangalore in the course of his employment. When the said lorry reached near balehalli, Kaimara on the Chickmagalur-Mudigere Road, the said lorry met with an accident by dashing against a tree. Due to the said accident, the workman-petitioner sustained grievous injuries such as undis-placed fracture of right mid third (right humerus), fracture of the right tibia and cerebral oedema. He was later treated in scs Hospital, Bendoor, Mangalore. Scan was taken. He was an inpatient for 20 days and has spent Rs. 40,000 towards medical expenses. He has sustained a permanent disability due to the accident. In these circumstances he has sought for compensation.

(3.) THE employer did not file any statement. Insurance company objected to the grant of compensation. The Commissioner framed six issues in para 11 of his order. Workman got examined himself as PW 1 and got marked six documents. The matter was heard and after hearing, the Commissioner has granted a compensation of rs. 2,49,576 in addition to interest at 12 per cent. He has come to a conclusion that there is 100 per cent loss of earning capacity. The challenge is essentially with regard to the quantum.