THE NEW INDIA ASSURANCE CO. LTD. DIVISIONAL MANAGER REPRESENTED BY ITS REGIONAL MANAGER Vs. SRI. WASIM AND SMT. RUKMANI MARUTI SUTAR

JUDGEMENT

(1.) THIS appeal by the Insurance Company challenging the quantum. The ground urged by the learned counsel for the appellant is that the Workmen's Compensation Commissioner has committed an error in assessing the loss of earning capacity at 90% against the evidence of the doctor at 60%. Treated doctor was not examined. The evidence and materials, which shows the earning capacity of the injured exorbitantly at 90%. Learned counsel for the Insurance Company prays for modifying the order of the Workmen's Compensation Commissioner.

(2.) LEARNED counsel for the respondent -claimant stated that as per the evidence of the doctor and the materials on record, it discloses that the injured has suffered fracture of midshaft of the right femur bone with displacement and fracture of both bones of right and fibula at the junction of lower 1/3rd and middle 1/3rd of the right leg and all over the body. Further, the doctor stated that he treated the patient between 26.08.2006 to 31.10.2006. He further submits that injured was in occupation as driver, by virtue of the accident, he has surrendered his licence to the RTO. Under these circumstances, loss of earning capacity should have taken at 100%.

(3.) ON the last occasion, on 10.12.2013, the injured appeared before the Court as per the direction of this Court. I have seen when he entered into the Court hall with a stiffed leg, from which I find that he cannot do the actual occupation as driver. Under these circumstances, the evidence of the doctor who assessed the loss of disability at 60%. The evidence of the doctor is supported by the medical report under Section 4(I)(c)(I) of Workmen's Compensation Act, 1923. Learned counsel relied upon the judgment in the Case of Suresh v. Oriental Insurance Co. Ltd. reported in : ACJ 2010 487 in para 5 reads thus: