P GORAPPA Vs. RAJESH BABU

JUDGEMENT

(1.) Though the matter is posted for Admission with the consent of learned Counsel for the parties, it is taken up for final Hearing.

(2.) The claimant, who was working as a driver of the lorry, has filed the present Miscellaneous First Appeal for enhancement against the judgment and award dated 28th Sept., 2015 made in E.C.A.No.80/2014 by the file of the Commissioner of Workmen's Compensation Act awarding the total compensation of Rs.44,032.00 with interest at the rate of 9% per annum from the date of petition till its realization.

(3.) It is the case of the claimant that he was working as a driver under the 1st respondent in his Tanker Lorry bearing No.AP-37-W-7866. On 3.1.2012 at about 00.30 a.m. while he was returning from Aspari to Challakere near Harijana Talari Venkateswaralu on Aspari-Kurnool road, Andhra Pradesh State, he lost control over the Tanker Lorry and dashed against the standing tree on the left side of the road due to which he sustained severe injuries to his tenderness over the left and right leg, left hand, left wrist, chest, face and all over the body. Immediately he was shifted to Government Hospital Aspari, Andhra Pradesh. Thereafter he was admitted to Government General Hospital, Kurnool in Andhra Pradesh. Further he had taken treatment as an indoor patient at District Government Hospital and also at Private Hospital, Chitradurga. Because of the injuries sustained in the accident, he had fractures and he is not in a position to do any work. He also cannot bend his right leg and left hand and cannot sit with crossed legs and cannot bear weight on his right leg. He has severe pain in his right leg and left hand and no strength in his left hand. Since he is suffering from permanent disability, he cannot drive the vehicle as he was driving earlier and has lost his earning capacity.