NEW INDIA ASSURANCE CO. LTD. Vs. MOHARMAN

JUDGEMENT

(1.) This common judgment shall decide the above-noted three separate appeals preferred by the appellant/Insurance company, each instituted under Sec. 30 of the Employee's Compensation Act, 1923[Act] challenging the award of compensation to each of the injured workman/respondent No.1/claimants assuming 100% loss of earning capacity. The facts of the above-noted appeals present some-what similar facts raising a substantial question of law about determination of the amount of compensation in the face of apparent contradictions between the medical evidence and the assumption of loss of earning capacity by the Commissioner, Employee's Compensation, Delhi[Commissioner]. In order to avoid any confusion, this Court would briefly delve into the factual circumstances of each of the aforesaid appeals.

(2.) Shorn of unnecessary details, it is an admitted fact that the truck bearing No. HR55-P-9692 was registered in the name of respondent No.2 / registered owner, that met with an accident on 8/11/2017 at about 07.00 a.m. in the morning within the jurisdiction of PS Delhi Gate, District Aligarh, Uttar Pradesh near Talashpur, Aligarh bypass, as a result of which, both driver and respondent No.1, who claimed to be a cleaner deployed on the truck, sustained grievous injuries.

(3.) Respondent No.1 instituted an application for compensation under the Act on 17/5/2018 and claimed that he was employed as a cleaner on the ill-fated truck drawing wages @ Rs.10,000.00 per month plus Rs.200.00 per day as food allowance. He claimed that he was 22 years of age and injuries sustained in the accident has rendered him in no position to gain any employment as a driver or cleaner and claimed 100% disability with regard to the earning capacity. Admittedly, the ill-fated truck was insured with the appellant/ insurance company and there is no dispute that respondent No.1 was employed with respondent No.2, and that the driver possessed a valid driving licence.