ORIENTAL INSURANCE CO.LTD. Vs. P.UMMER

JUDGEMENT

(1.) THIS appeal arises at the instance of the Insurer, challenging quantum of compensation awarded in W.C.C. No.30 of 2003 by the Workmen's Compensation Commissioner, Palakkad (for short, "the Commissioner").

(2.) THE 2nd respondent claimed that he sustained injuries in the accident while driving the bus belonging to the 1st respondent on 15.04.2002. The Commissioner assessed compensation payable to the 2nd respondent at Rs.94,589/- with interest and directed the appellant to deposit the same. The appellant is aggrieved and has preferred this Appeal.

(3.) THE learned counsel for the 2nd respondent contended that under Section 4(1)(c)(ii) of the Workmen's Compensation Act (for short, "the WCC Act) a qualified medical practitioner is competent to certify disability of a workmen. It is argued that having regard to the employment of the 2nd respondent as driver, disability affects his occupation and hence the Tribunal was justified in taking 20% as disability for the whole body.