NEW INDIA ASSURANCE CO LTD Vs. SHAMIULLAH KHAN

JUDGEMENT

(1.) This is an appeal under Section 30 of the Workmen's Compensation Act at the instance of the Insurance Company against the injured respondent No. 1 contending that the judgment and award of the Commissioner of Workmen's Compensation Act dated 26th of April, 1994 passed in W.C. Case No. 22 of 1992 is not correct. In the memo of the appeal only two grounds have been taken. It was contended that the medical opinion clearly proved that the injury received by the respondent No. 1 caused 40% disability, the Tribunal committed illegality in awarding the compensation treating the said injury has caused 100 per cent disability. The second ground raised is that the Tribunal committed illegality in granting the compensation without deducting the monthly earning Rs. 600 which was admittedly being earned by the respondent No. 1 after the accident. The Workmen's Compensation Commissioner has awarded a sum of Rs. 81,740 as compensation treating the injury caused to the respondent No. 1 as non-scheduled injury.

(2.) The brief facts which led to the filing of the appeal are as under : The injured claimant who is respondent No. 1 was working as a driver in Truck No. URY 440 and was getting Rs. 800 per month as salary and Rs. 400 as allowances while in the employment of the present respondent No. 2. On 4th of October 1990 the claimant was driving the aforesaid truck carefully and with a modest speed met with the accident while going from Raksha and when the truck reached at Sipari Bazar a truck coming from the opposite direction dashed the truck which was being driven by the claimant respondent No. 1. The claimant-respondent No. 1 tried to avoid the accident and it hit the electric pole with the result he received injuries. Two fingers of his left hand have to be amputated and the said hand has become useless and he has become unfit for driving work.

(3.) The present appellant who was the respondent No. 2 before the Workmen's Compensation Commissioner did not produce any oral or documentary evidence and remained ex parte after filing of the written statement. The claimant- respondent produced the evidence in support of his pleas including medical evidence. The Chief Medical Officer, Jhansi after examining the claimant-respondent No. 1 gave a certificate dated 5.5.1993 certifying that the respondent No. 1 has suffered permanent total disablement with the result of the injuries sustained by him in the accident dated 4.10.1990 to the extent of 40 per cent.