NEW INDIA ASSURANCE CO LTD Vs. RAMA

JUDGEMENT

(1.) THE Insurance Company has preferred this appeal under Sec. 30 (1) of the Workmen's Compensation Act, 1923, for short the Act, aggrieved by the order/award dated 30th September, 2002 of the Commissioner for Workmen's compensation, Bangalore Sub-division No. 2, Bangalore, in case no. WCI/b-21. S. S. C/cr-131/2000, insofar as it relates to the quantum of compensation.

(2.) THE 1 st respondent employed as a driver by the 2nd respondent, the owner of the motor vehicle bearing lorry registration certificate No. KA-02-6688 and insured by the appellant, in the course of employment, met with motor vehicle accident involving the insured vehicle on 6-10-2000 and sustained grievous injury in the nature of crush injury to the right limb from knee to the foot. The 1st respondent claimed Rs. 4,00,000/- as compensation which was adjudicated by the Commissioner under the Act.

(3.) THE petition was not opposed by the owner of the vehicle but was opposed by the appellant-insurer. In order to prove the nature of the injury sustained and the alleged loss of earning capacity, the 1st respondent examined a doctor by name S. N. Patil, as a witness. This witness deposed that the percentage of disability was 40% to the right limb and 20% to the whole body. In addition, the witness stated that the 1st respondent cannot discharge the duties of a driver. The Commissioner, having regard to the material on record and appreciating the evidence both oral and documentary, recorded a factual finding that the 1st respondent at the time of the accident was aged 30 years, drawing monthly wage of Rs. 3,500/- and suffered 100% loss of earning capacity and accordingly, awarded compensation of Rs. 2,49,276/- with interest at the rate of 12% per annum from 6-11-2000 upto the date of payment, by order dated 30-9-2002.