GOPINATH Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This is an appeal at the instance of the applicant in W. C. C. 64/89 before the Court of Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Kottayam. Two points are mainly raised in this appeal. Firstly, it is contended that the Commissioner has committed an error in not granting compensation assessing appellant's disability at 100%. Secondly, according to the appellant, the Commissioner should have directed payment of interest at the rate of 6% from the date of the accident till realisation.

(2.) The applicant was a driver. On 12.6.1986, during the course of his employment, he met with an accident and sustained a crush injury on his right forearm and fracture of both bones of his right forearm. Ext. A1 medical certificate issued by a medical officer was to the effect that the applicant had suffered 21.5% permanent disability. According to the appellant, in the nature of his employment, namely, as a driver, the above mentioned disability will cause cent percent disability to do the work.

(3.) We find no merit in the above contention, in view of the fact that appellant's driving licence had been renewed after the accident upto 4.8.1988. A person who has thus got his driving licence renewed after the accident cannot contend that he is totally disabled to do the work of a driver.