DIVISIONAL MANAGER Vs. K.RAJESH

JUDGEMENT

(1.) WHEN the matter is taken up for hearing, the learned counsel for first respondent has produced the certified copy of order made in Complaint No.2581/2007 dated 29.02.2008 on the file of District Consumer Disputes Redressal Forum at Bangalore, wherein, the insurance company has settled the own damage claim in respect of insured vehicle.

(2.) IN the aforestated judgment, the contention of insurance company that the driver did not hold valid and effective driving license has been rejected and the insurance company has satisfied the award made by the Consumer Forum.

(3.) THE learned counsel for insurance company would submit that the Commissioner has determined loss of earning capacity at 100% ignoring the percentage of loss of earning capacity for scheduled injuries stated in Schedule-I of the Workmen's Compensation Act, 1923. The claimant was a driver by occupation. As a result of injuries suffered in the accident, his right lower limb was amputed below knee level. The medical officer has opined that the claimant suffers from 100% permanent physical disability of right lower limb and the claimant cannot work as a driver.