ORIENTAL INSURANCE COMPANY LTD Vs. ASOKAN

JUDGEMENT

(1.) This is an appeal filed by the Oriental Insurance Company against the order dated 20.12.1995 passed by the Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Kozhikode in WC Case No. 320 of 1993. The respondent was a loading and unloading worker in Lorry KRD 2929 owned by one Basheer. On 29.1.1990 at about 11.15 A.M. while the respondent was engaged in work in the lorry, he fell down from the lorry. As a result of the accident, the respondent sustained injuries to his spine and neck. He alleged that his monthly wages was Rs. 1500/-. He claimed a compensation of Rs. 1,20,000/-.

(2.) The respondent was examined by the Commissioner and the medical certificates produced were also perused by the Commissioner. After considering the evidence on record, the Commissioner came to the conclusion that a sum of Rs. 1,87,182/- is to be paid as compensation. It is also stipulated that the said amount is to be paid within 30 days and in default the said amount will carry simple interest at the rate of 12% per annum from the date of filing of the application.

(3.) In the appeal, preferred by the Insurance Company, it is alleged that the Commissioner was not justified in holding that there was total disablement as the medical certificate (Ext.A9) showed only disability to the extent of 55%. It was also alleged that the Commissioner erred in calculating the compensation payable to the respondent on the basis of the amended provision of S.4 of the Workmen's Compensation Act. According to the appellant, the compensation payable to the respondent should have been fixed on the basis of the unamended provisions of S.4 of the Act, as the accident occurred on 29-1-1990 and the Workmen's Compensation (Amendment) Act, 1995 (Act 30 of 1995) came into effect only on 15.9.1995.