THE ORIENTAL INSURANCE CO. LTD. Vs. RAVEENDRAQN

JUDGEMENT

(1.) 2nd Opposite Party - the Oriental Insurance Co. Ltd. - in W.C.C. No. 53 of 1993 is the appellant. The respondent was an employee of one Smt. K.P. Annie. He was working as Cleaner in tanker lorry bearing registration No. KEE 2068 owned by Smt. K.P. Annie. While the respondent was working as Cleaner, the vehicle met with an accident near Nagarcoil and he sustained injuries. He was admitted in the Government Hospital at Nagarcoil from 12.3.1994 to 16.3.1994. Subsequently he was admitted in St. James Hospital, Chalakudy on 17.3.1994 and treated as inpatient till 20.4.1994. The respondent filed a petition claiming compensation alleging that he was getting a monthly wage of Rs. 3,000/ - and he was aged 35 years at the time of accident and he is entitled to get a compensation of Rs. 2,36,472/ -.

(2.) THE following are the injuries:

(3.) THE main dispute is regarding the quantum of compensation. Learned Counsel appearing for the appellant has argued that the injury sustained by the respondent is a scheduled one and as per schedule, the disability is 17% and hence the Commissioner for Workmen's Compensation went wrong in fixing disability at 80%.