BALLARI RAJENDRA Vs. G GURUMURTHY

JUDGEMENT

(1.) This Appeal is filed by the claimant having been aggrieved by the award passed by the Commissioner for Workmen's Compensation-cum-Assistant Commissioner of Labour, Circle-I, Guntur, in W.C. Case No. 155 of 1994.

(2.) It is the case of the claimant that he is a lorry cleaner and that during the course of his employment under the 1st respondent, on 1-7-1993 at about 3.00 a.m., while he was going as Cleaner on Lorry bearing No. AP-02-V-0990 with a load of poultry feed, an accident took place near Kallur bypass road within the limits of Kallur Police Station, as a result of which, he fractured his right leg below the knee joint and right collar bone. Further, the great toe and second toe of his left leg were amputated. Therefore, he claimed an amount of Rs. 1,10,685/- as compensation under the Workmen's Compensation Act.

(3.) During the course of enquiry, the claimant examined himself as A.W.I and the Doctor who treated him was examined as A.W.2. Exs. A-1 to A-5 were marked. On behalf of the respondents, nobody was examined and the insurance policy was marked as Ex.R-1. On a consideration of the entire evidence on record, the learned Commissioner held that the claimant is entitled for compensation under the Act as he received personal injuries in the accident which took place during the course of his employment with the 1st respondent. Insofar as the compensation is concerned, the learned Commissioner determined the age of the claimant at 30 years as on the date of accident and, on the basis of the minimum wages fixed in G.O.Ms. No. 71 dated 16-4-1991, assessed the monthly wage of the claimant at Rs. 1,593/- but, however, restricted the same to Rs. 1,000/- per month. Further, the learned Commissioner assessed the loss of earning capacity of the claimant at 90%. Taking into account all the above factors, the dower authority fixed the compensation at Rs. 93,591/- besides stamp duty of Rs: 188/-, totalling to Rs. 93,779/-, which was accordingly awarded as compensation in this case. Aggrieved by the said award, the present appeal is filed.