D SHANMUGA ANAND Vs. M BALASUBRAMANIAN

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are filed against the Judgement and Decree dated 7.3.2005 made in WC.Nos.184/2004 by the learned Deputy Labour Commissioner I (Commissioner for Workmen's compensation I) Chennai-6 by the claimant and the Insurance Company respectively.

(2.) The Appellant in CMA.No.1714/2005, while working as the driver of the lorry belonging to the 1st Respondent in CMA.No.1714/2005, which was insured with the 2nd Respondent in CMA.No.1714/2005/appellant in CMA.No.1719/2005, suffered injuries in an accident that occurred on 1.12.2003 at about 1.30 p.m. So, he filed an application under the Workmen Compensation Act 1923 (for short 'the Act') seeking compensation of Rs.7,00,000/- from the Respondents. 1st Respondent remained exparte. The 2nd Respondent Insurance Company filed its counter contesting the claim. In support of his case, the Appellant/claimant examined himself as PW.1 and examined the Doctor who assessed the disability suffered by the claimant as PW.2 and marked Exs.P1 to P14. On the side of the Insurance Company, RW.1 was examined and the disability certificate issued by the Doctor was marked as Ex.R1 with objection, as the Doctor, who issued the said certificate, was not examined.

(3.) The Deputy Labour Commissioner, having held that the Appellant/claimant sustained injuries out of and during the course of his employment with the 1st Respondent and suffered a permanent disability resulting in loss of earning capacity of 70 per cent, awarded Rs.3,64,409/- as compensation and directed the 2nd Respondent Insurance Company to deposit the amount within 30 days from the date of the award, failing which directing the 2nd Respondent to pay interest at the rate of 12 per cent p.a. from the date of the accident till the date of deposit.