UNITED INDIA INSURANCE CO. LTD. Vs. ABDUL SALAM, S/O. MOHAMMED MUSTHAFA, VELLAPARAKKAL HOUSE, PAITHOTH, POST PERAMBRA, KOZHIKODE DISTRICT AND KUNHIKOYA, MYLACHIKARAMMAL HOUSE, POST VAVAD, KODUVALLY, KOZHIKODE DISTRICT

JUDGEMENT

(1.) THIS appeal by the insurer is against an award passed by the Workmen's Compensation Commissioner. The workman, while loading stones to a lorry, slipped and fell. This resulted in serious injuries, which led to his hospitalisation. Acting on the determination of loss of earning capacity by the Medical Board, which issued Exhibit A12, the Commissioner granted compensation by applying 35% as the loss of earning capacity. That was determined by the Medical Board. The plea of the insurer in that regard is that yardsticks prescribed have not been appropriately followed by the Medical Board. Looking at the nature of avocation and the injuries sustained, we do not find any ground to hold that the Medical Board had not acted in accordance with law in determining the loss of earning capacity. The insurer has a further contention that the vehicle was not involved in the incident and that there is no police report. The plea is not that there was a motor accident. The claim is made on the basis of the injuries suffered while working in connection with loading on to the vehicle. That has connection and nexus with the utility of the vehicle as a goods vehicle and the coverage would take within its sweep such issue also. We do not find any specific question of law on the appreciation of evidence in this regard by the Commissioner. The absence of a police report does not tilt the appreciation of evidence in favour of the insurer.

(2.) WITH that, the appellant's next ground is regarding the liability cast on it to pay interest from the date of accident. Following the judgment in Oriental Insurance Company Ltd. v. Padmini. N.V. (M.F.A. No. 59 of 2011), we cannot find that ground in favour of the appellant. The appeal fails on all counts.