NEW INDIA ASSURANCE COMPANY LIMITED Vs. K PERUMAL

JUDGEMENT

(1.) THE Insurance Company has come forward with these appeals as against the grant of Award by the Commissioner of Workmen's Compensation in respect an injury sustained by two coolies.

(2.) ACCORDING to the claimants, they sustained grievous injuries in the wrist and the Doctor has certified \ 5% disability.

(3.) THE learned counsel for the respondent submitted that both the injured persons travelled in the vehicle as coolies to supply 20 liter water can to the houses and it is unnecessary to take the coolies to deliver the water can from the vehicle to the particular delivery location, and, therefore, they are only delivery boys, who travelled along with the vehicle in the course of employment. Due to the accident, the claimant in C.M.A. No. 491 of 2007 sustained severe injuries in the wrist and the movement of the wrist has been affected, Which is rightly certified by a competent Doctor and since he was a cooly, his future earning power is definitely affected as the they are not able to lift weight. In C.M.A. No. 492 of 2007, the claimant sustained injury in the hip. THErefore, his movement will be restricted. Hence, the compensation awarded by the Commissioner on the basis of the assessment made by the Doctor is correct, legal and hence, they sustain the Award.