NEW INDIA ASSURANCE COMPANY LIMITED Vs. WASEEM

JUDGEMENT

(1.) This is an appeal preferred under Sec. 30 of the Employees Compensation Act [Act, 1923] by the appellant/insurance company assailing the impugned judgment dtd. 27/8/2019 passed by the learned Commissioner, Employees Compensation (South)[Commissioner] whereby the claimant/respondent No.1 has been awarded total compensation of Rs.8,28,096.00 payable with interest @ 12% per annum within 30 days in case No. CEC/SD/I/65/2018/2986.

(2.) Shorn of unnecessary details, it is stated that the respondent no.1/claimant was employed as driver on truck bearing No. HR-38X- 6878 which met with an accident when the same was being driven by him on 29/3/2018 resulting in injuries to his left leg. The ill-fated truck was evidently insured with the appellant/insurance company and respondent no. 1/claimant was admittedly holding a valid driving licence. Further, respondent No.2 was in agreement with the fact that the injuries sustained by respondent no. 1 were during the course of employment.

(3.) The claim petition was allowed by the learned Commissioner vide impugned judgment/award, which is assailed in the present appeal primarily on the grounds that the learned Commissioner erroneously considered the physical disability @ 22% in relation to left lower limb of the respondent No.1/claimant as 100% functional disability and drawing perverse assumptions that respondent no. 1/claimant would be unable to perform his duties as driver. The appellant/ insurance company has relied on proposition of law laid down in the case of Pradeep Mahta v. National Insurance Co. Ltd. & Anr.[FAO 216 of 2017 dtd. 16/2/2018 by Delhi High Court] and Reliance General Insurance Co. Ltd. v. Manoj Singh @ Manoj Chandra Wanshi & Anr. [FAO 425 of 2016 dtd. 2/9/2019] It was canvassed that the respondent No.1/claimant/injured has made considerable improvements in his working capacity and has otherwise been quite healthy, and therefore, disability could not have been assessed at 100%.