ORIENTAL INSURANCE CO LTD Vs. KONINGI KONDAL

JUDGEMENT

(1.) These two civil miscellaneous appeals were preferred by Oriental Insurance Co. Ltd., Vijayawada, aggrieved by the orders dated 22.3.1993 passed by the Commissioner for Workmen's Compensation, Nalgonda, in W.C. No. 43 of 1992 filed by Koningi Kondal, driver of the lorry bearing No. AIK 3186 belonging to the respondent No. 2 herein and W.C. No. 27 of 1992 filed by Bajaru Govinda Rao, cleaner of the said lorry, whereby the Commissioner for Workmen's Compensation has awarded the sum of Rs. 98,530 and Rs. 70,495.75 respectively for the injuries sustained by them in a motor vehicle accident, which occurred during the course of the employment with the respondent No. 2 herein, on 1.4.1991 while the vehicle was proceeding from Kodad to Nalgonda Market with a load of paddy and when it reached near Dandempalli bus stand it turned turtle, as a result of which the respondent No. 1 in both the appeals sustained fractures and injuries.

(2.) In both these appeals, the Commissioner has included the batta paid to the workmen in the salary, holding that batta is also a part and parcel of the salary and converted the percentage of disability as total disability and awarded compensation. Questioning the above two findings of the Commissioner, the present appeals are filed.

(3.) The learned counsel for the appellant in both the C.M.As. contended that the Commissioner has converted partial disability into cent per cent disability and determined the salary of the workman including batta paid and granted compensation. He further contended that so far as the conversion of partial disability into 100 per cent disability is concerned, this court in New India Assurance Co. Ltd. v. Sammayya, 1997 ACJ 185 (AP), has held that only the disability certificate produced is not sufficient to compute compensation. He further contended that the respondent workman has to examine the doctor who issued the certificate.