DUTTATRAYA LAXMAN KULKARNI Vs. AURANGABAD PAPER MILLS LTD

JUDGEMENT

(1.) THE appellant was original applicant before the Commissioner for Workmen's Compensation where he had filed an application under Section 4-A read with Section 10 of the Workmen's Compensation Act, 1923. The appellant's case was that he was employed as a truck driver by the respondent company. According to him, he was on duty at Paithan on March 23, 1986 and he suffered an injury to his right foot-toe when a rusty piece of sheet metal had entered into his right foot while alighting from the truck, which he was driving, and which he parked on the premises of the company. He was admitted in the hospital and was treated there. It appears that initial wound got developed into a serious case of Gangrene '. and his right foot was required to be amputated from knee on August 28, 1986. From the date of the accident, he worked upto August 24, 1986. His last drawn wages were Rs. 750/-p. m. He filed the present application for compensation under the Act for total loss of his earning capacity on account of the employment injury. He prayed for compensation to the tune of Rs. 70,000/- and an amount of Rs. 35,000/-towards penalty and interest thereon. His application was opposed by the respondent company. The learned Commissioner, on the basis of the pleadings and evidence before him, framed an issue as to whether the injury arose out of and in the course of employment and answered the same in favour of the appellant by the impugned order dated December 14, 1993. The learned Commissioner has finally concluded that the injury caused to him was during the course of and arising out of his employment and he was, therefore, held to be entitled to get compensation. The learned Commissioner, however, did not accept the appellant's case for hundred per cent disability but he held the disability to be partial at 50 per cent in accordance with the medical certificate issued by the Doctor. The learned Commissioner, therefore, directed the respondent to pay compensation amount to the Appellant on the basis of 50 per cent partial disability i. e. Rs. 33,467/ -.

(2.) THE appellant is aggrieved by the aforesaid order as, according to him, as a driver, having lost his leg, from knee, he had become permanently and totally disabled to drive any vehicle. According to him, the Commissioner ought to have awarded hundred per cent compensation on the basis of permanent total disability.

(3.) THE facts which were on record have not been seriously disputed by the respondent employer. The only question which was canvassed before the Commissioner on behalf of the respondent employer appears to be the percentage of the disability suffered by the appellant. The respondent-company had challenged the said judgment and order by filing an appeal before this Court but failed as its appeal was dismissed at the threshold.