NEW INDIA ASSURANCE COMPANY LIMITED Vs. K MOOKKAN

JUDGEMENT

(1.) Aggrieved by the order of the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai, dated 28-2-95, made in W.C.Case No. 182 of 94, New India Assurance Company has filed the above appeal. The first respondent herein/applicant before the Commissioner, in respect of grievous injuries sustained in a motor vehicle accident that took place on 9-1-94 while he was working as load-man in tractor TDR. 5175, trailer TDR.5034, has prayed for a compensation of Rs.96,070/-. In support of his claim, the applicant himself was examined as A.W.1 and Doctor who assessed his disability was examined as A.W.2. The Commissioner, after holding that the applicant sustained grievous injuries in the course of his employment, directed the second respondent Insurance Company to pay compensation of Rs.99,700/- within 30 days from the date of receipt of a copy of the said order. Questioning the direction of the Commissioner, the Insurance Company has preferred the present appeal.

(2.) Heard Mr. C. Ramesh Babu, learned counsel for the appellant and Mr. Thyagarajan Ramaswamy, learned counsel for first respondent.

(3.) Learned counsel for the appellant-Insurance company mainly contended that in the light of the fact that the doctor has assessed the disability of the applicant only to the extent of 39 per cent, the Commissioner has committed an error in assessing the loss of earning capacity of the applicant to the extent of 100 per cent. In other words, according to him, in the absence of evidence of an expert regarding the loss of earning capacity, the Commissioner has no jurisdiction to arrive such a conclusion. In support of his claim, he relied on a Division Bench decision of the Kerala High Court in Achoor Estate v. Nabeesa, reported in 1994 ACJ 607. We are unable to accept the said contention for the following reasons.