NEW INDIA ASSURANCE CO. LTD. Vs. H. HUSSAIN

JUDGEMENT

(1.) All these appeals arise out of the common Judgment and Order passed by the Commissioner for Workmen's Compensation, Raichur. Hence, these matters are clubbed, they are heard together and disposed of by this common Judgment.

(2.) Briefly stated the facts are: That the injured claimants working as Driver, Cleaner and Labourers were travelling in the lorry bearing No.AP 02/4365 on 3.11.2008 and the said lorry met with an accident due to which the occupants of the lorry who were employees in the course of employment sustained grievous injuries. The injured moved before the Commissioner for Workmen's Compensation, Raichur seeking for suitable compensation under the provisions of the Workmen's Compensation Act, 1923, ['the Act' for short]. The Commissioner, after appreciating the evidence available on record, allowed the claim petitions, awarded the compensation to the claimants as under:

(3.) Learned Counsel for the Insurer contends that the Commissioner erred in relying on the disability certificate assessed by the non treated Doctor and assessed the compensation of a non schedule injury exorbitantly contrary to the provisions of Section 4[1][c][ii] of the Act. It is contended that the PW.7 - Doctor had assessed the disability without any valid basis. Though the same was denied by the Insurer, the Commissioner accepting the evidence of the Doctor assessed the disability as under: