UNITED INDIA INSURANCE CO. LTD Vs. LANEESH

JUDGEMENT

(1.) This appeal has been preferred under Sec. 30 of the Employees Compensation Act 1923, by the applicant in ECC No.82 of 2014 (Old No.WC.38/13) on the file of the Employees Compensation Commissioner, Kozhikode, against the order dtd. 25/9/2015.

(2.) The appellant was the driver of an autorickshaw, KL 60-C/362, belonging to the 1st respondent. On 20/11/2012, at about 11 am, while the appellant was driving the above autorickshaw from Cheemeni to Kayyur and when it reached near Pallot, a dog ran across the road and on seeing the same, the appellant tried to control the vehicle. But he lost his control over the vehicle and the vehicle capsized and he sustained very serious injuries. Immediately he was taken to Thejaswini Hospital, Neeleswaram and treated there as inpatient from 20/11/2012 to 30/11/2012. The 2nd respondent is the insurer of the Autorickshaw. He filed an application claiming a compensation of Rs.5,00,000.00. As per the impugned order, the employees Compensation Commissioner granted a compensation of Rs.7,64,695.00 along with interest @ 12% per annum and medical expenses of Rs.19,526.00. Aggrieved by the above order, the 2nd respondent/insurance company preferred this appeal raising various contentions.

(3.) The contention of the appellant is that 79% disability fixed by the Medical Board is too excessive when compared to the injury sustained by the appellant. Therefore, he would argue that the compensation awarded is also excessive. According to him, even in the case of amputation, the permanent disability will not exceed 50% and as such 79% fixed in the present case without even any amputation, is highly excessive.