ORIENTAL INSURANCE CO LTD Vs. KOTI KOTI REDDY

JUDGEMENT

(1.) This appeal is filed by the Oriental Insurance Co. Ltd. against the order of the Commissioner for Workmen's Compensation, Guntur, passed in W.C. Case No. 117 of 1992 dated 22.6.1993.

(2.) The respondent No. 1 is the applicant before the Commissioner for Workmen's Compensation, Guntur Region, Guntur (hereinafter referred to as 'the Commissioner'). The respondent No. 2 is the owner of the vehicle and the appellant is the insurer.

(3.) While the respondent No. 1 was driving the lorry bearing No. AEG 1152, the lorry met with an accident on 29.7.1991 and he received personal injuries in the accident arising out of and in the course of his employment and got permanent disability and loss of earning capacity to the tune of 100 per cent as the driver of the vehicle. The injuries caused to the respondent No. 1 were on the forehead and right leg particularly at joint and foot. The permanent disability was assessed as 30 per cent by the doctors and due to the calcaneum fracture, he cannot work as the driver. When there is stress and strain, there will be pain and if there is pain, he cannot drive the vehicle and, therefore, the Commissioner held that as per the medical opinion and also on physical verification, the respondent No. 1 is not in a position to drive the heavy vehicle on which he was working at the time of the accident, and also taking the nature of employment into consideration, the Commissioner held that the applicant suffered total disablement and loss of 100 per cent earning capacity.