ORIENTAL INSURANCE CO LTD Vs. ESWAR AYYA

JUDGEMENT

(1.) The challenge to this appeal is the award passed by the authority under the Workmen's Compenation Act, namely, the Deputy commissioner of Labour-II, Chennai.

(2.) The first respondent-claimant was working as a Mason in a construction company, by earning a sum of Rs.160/- per day. On 06.02004, while he was working in the company, fell down and sustained grievous injuries in the accident. He was initially admitted in Balaji Hospital and, thereafter, in Government Royapetta Hospital, Chennai. He was treated as inpatient for 15 days and, on the basis of the injury sustained by him, he filed a claim petition, claiming compensation of Rs.7,00,000/- The employer-second respondent had denied the earnings of the first respondent-claimant and would state that the claimant was paid only Rs.150/- per day. The authority, holding that that the accident had taken place during the course of employment and it arose out of employment, awarded compensation of Rs.2,95,680/-. The authority, relying on the evidence of P.W.2 , doctor, and Exs.P-3, discharge summary, fixed the loss of earning capacity of the injured-claimant at 55%. According to the insurance company, as per Section 4 (3) (c) (ii) of the Workmen's Compensation Act, the loss of earning capacity shall be proved by a competent doctor appearing before the court and letting in evidence. In the instant case, the authority under the Act, based on the disability assessed by the doctor, has fixed the loss of earning capacity, which, according to the learned counsel for the appellant, is without proof and erroneous.

(3.) Heard the rival contentions.