THE NATIONAL INSURANCE CO. LTD. REPRESENTED BY ITS DEPUTY MANAGER REGIONAL OFFICE Vs. PADMANABHAN KARINTHA AND THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) APPELLANT is the 2nd opposite party/insurer in a proceedings under Section 22 of the Employees' Compensation Act, for short, the 'Act'. The 1st respondent in the appeal was the applicant. He suffered injuries while he was working as a driver. The Commissioner has ordered payment of compensation of a sum of Rs. 3,31,238/ - with 12% interest from the date of accident. Feeling aggrieved, appellant has filed this appeal. We heard the learned senior counsel for the appellant and the learned counsel for the 1st respondent.

(2.) LEARNED senior counsel would point out that the Commissioner has acted legally in computing compensation by taking the loss of earning capacity as 80%. The Commissioner has in fact arrived at the following formula: - -

(3.) LEARNED counsel for the 1st respondent, on the other hand, would submit that no interference is called for. He would also drew our attention to the judgment of this Court reported in Kerala Minerals & Metals Ltd. v. K. Bhaskaran & Others ( : 1998 (1) KLJ 254). In that case, considering the claim for Rs. 45,927/ - from the workman, who was accommodated by the management despite the injury, the management contended before the Division Bench that there was no loss of earning power. The Division Bench answered the question as follows: - -