UNITED INDIA INSURANCE COMPANY LTD. Vs. PANDURANG

JUDGEMENT

(1.) Both the appeals are admitted. Notice after admission made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) Both the appeals are filed against judgment and order of W.C.A. No. 42/2011, which was pending before the Commissioner appointed under the Workmen's Compensation Act, 1923 ('the Act' for short). In an application filed by the injured, the compensation of Rs. 1,94,430/- is awarded by the Commissioner and order is made against both the employer and the Insurance Company to pay the penalty of 50% amount of compensation. Interest at the rate of 12% p.a. is awarded on the compensation amount, but it is awarded from 19.7.2011 and not from the date of accident. The injured claimant has filed First Appeal No. 3037/2013 to challenge the quantum and also the period from which the interest is made payable. The Insurance Company has challenged the decision against the order of penalty and also against the calculation of compensation.

(3.) The injured was working as a driver on the truck belonging to original respondent No. 1, employer. Accident took place on 26.4.2010. Claimant sustained fracture injury to his right leg. It is contended that due to the injuries sustained in accident, the claimant is suffering to permanent disability to the extent of 20%, but the functional disability is of 100%.