ISHWAR GULAB PAWAR Vs. AYOUB JAMAL

JUDGEMENT

(1.) The appeal was admitted on 20.8.2004. Today, by consent, heard the learned counsel for appellant/original claimant and learned counsel for Insurance Company for final disposal. The other learned counsel for respondent No. 2 did not turn up.

(2.) The appeal is filed by original claimant against the judgment and order of WCA No. 81/1999, which was filed before the Labour Court, Ahmednagar (Commissioner under Workmen's Compensation Act, 1923). The proceeding was filed for compensation in respect of injuries sustained by the claimant in motor vehicle accident and the accident had taken place during the course of his employment with respondent No. 1, owner of the vehicle. The vehicle was insured with respondent No. 2, Insurance Company and the accident took place on 18.3.1999.

(3.) It is the case of appellant/claimant that he sustained fracture injury to one leg and also to one hand and due to fracture injuries, he cannot work as a driver. He has contended that he had given the evidence accordingly before the Commissioner, but that evidence is not considered by the Commissioner. It is his case that when his monthly salary was Rs. 2000/- and when there was no evidence in rebuttal to such evidence given by him, the Commissioner presumed that the monthly salary was around Rs. 1300/- and so, the Commissioner has committed error in calculating loss of future income of claimant. It is contended that Commissioner ought to have held that there is permanent total disablement due to these injuries.