UNITED INDIA INSURANCE CO LTD Vs. K MOHANAN

JUDGEMENT

(1.) The Commissioner for Workmen's Compensation, Kozhikode had, by a common order dated 3rd August, 1991, disposed of two claims, WCC Nos. 184 and 186 of 1990 filed before him claiming compensation under the Act. The claim arose consequent to a motor accident. KRZ 9239, a stage carriage vehicle, on 22.02.1990 was under the charge of K. Mohanan (applicant in WCC No. 184/90) and K. Kunhimoideen (applicant in WCC No. 186/90) who were respectively the conductor and driver thereof. Another bus coming from behind had hit the above vehicle, at Cheruvannur on the said day. As a result of the accident, they claimed, they had sustained severe injuries. They were given treatment in the out patient section of the Medical College Hospital, Calicut and thereafter were receiving, according to them, medical attention for a considerable period. The claimants' version was that they were completely disabled to do their work and consequently claimed Workmen's Compensation from their employer - Ist respondent. The insurer was also impleaded as a party to the proceedings. Compensation of Rs. 1,04,960/- and Rs. 1,02,975/- respectively were claimed.

(2.) Insurance coverage had been admitted. Both the respondents objected the claims on the ground that disablement was sustained by the employees, and the claim amount was exorbitant. The claimants had examined themselves and made available documentary evidence in support of their claims.

(3.) The Commissioner found that the applicants were workmen in a scheduled employment, and the accident leading to the injuries occurred during and in the course of their employment. There was no dispute regarding the insurance coverage or the earnings and age of the claimants. As regards the disability of the workmen, he relied on Exts. P4 and P8 certificates issued by the medical practitioner. The said medical certificates are extracted hereunder: