LAWS(KER)-2009-6-64

ORIENTAL INSURANCE CO LTD Vs. UNNICHEKKAN CHATHAN

Decided On June 05, 2009
ORIENTAL INSURANCE CO LTD Appellant
V/S
UNNICHEKKAN CHATHAN Respondents

JUDGEMENT

(1.) THIS is an appeal filed by the Insurance Company against the order of the commissioner, Workmen's Compensation, Trichur dated 29. 6. 2006. The case arose out of an application filed by the first respondent under Section 22 of the workmen's Compensation Act (in short 'the Act') for compensation for the injury sustained by him in the course of his employment. The case of the first respondent was that on 20. 12. 2000 at about 7 p. m. when he was unloading wooden logs from a vehicle, one of the logs fell over his right leg and sustained the following injuries:

(2.) THE Commissioner has awarded compensation of Rs. 2,60,275/ -. In passing the award, the Commissioner has fixed the income of the first respondent as rs. 4,000/- p. m. Further he has found that there was 80% loss of earning capacity. Therefore the Commissioner has calculated the amount, as follows: 4000 x 60/100 x 135. 56 x 80/100 = 2,60,275/-, as also interest at the rate of 12% per annum from 20. 12. 2000, the date of the accident.

(3.) HEARD the learned counsel for the appellant and the learned counsel appearing on behalf of the first respondent.