ORIENTAL INSURANCE COMPANY LIMITED Vs. R.MAHALINGAM

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeals are filed against the order dated 30.5.2003 made in WC.No.35/2002 by the Labour Deputy Commissioner-II for Workmen's Compensation, Chennai-6 by the Insurance Company and the claimant respectively.

(2.) THE claimant, who is the Appellant in CMA.No.3087/2003, filed the above said claim petition, claiming a compensation of Rs.5 lakhs for the injuries sustained by him on 22.5.2001 at about 5.15 a.m., while he was driving the lorry bearing Reg.No.KA-01-A-3346 owned by the 1st Respondent in CMA.No.3087/2003 and insured with the Appellant Insurance Company. After conducting enquiry, with due notice to the opposite parties therein, the Labour Deputy Commissioner awarded a sum of Rs.2,99,491.00 and directed the Insurance Company to deposit the award amount within a period of 30 days, in default, the amount would carry interest at 12 per cent p.a. from the date of the claim petition till the date of deposit.

(3.) ON the other hand, the claimant challenged the impugned award on the ground that the Labour Deputy Commissioner ought to have taken the total disablement as 100 per cent, as the physical disablement suffered by the claimant totally incapacitated him from doing any work, which he was capable of performing before the accident. It was further contended that the Labour Deputy Commissioner ought to have awarded interest at the rate of 12 per cent from the date of the accident under Section 4(A)(3) of the Workmen's Compensation Act without imposing any condition.