NATIONAL INSURANCE COMPANY LIMITED Vs. BANDA ASHOK

JUDGEMENT

(1.) This appeal by insurance company is directed against the judgment dated 24.3.2005 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-III, Hyderabad, in W.C. No. 143 of 2004, whereby the application of the respondent No. 1 herein was allowed by awarding a compensation of Rs. 4,80,974. Brief facts of the case are that on 14.5.2004, when the respondent No. 1, who was employed as driver by the respondent No. 2 herein, was proceeding on the lorry bearing No. AP 5-T 7992 from Turkapally to Jagtial carrying a poultry load and on reaching near Renigunta Village limit, he lost control over the lorry, due to which the lorry turned turtle and the respondent No. 1 sustained grievous injuries and fractures. He was shifted to Karimnagar Hospital and later was shifted to Osmania General Hospital, Hyderabad, for further treatment. Therefore, respondent No. 1 filed the application before the Commissioner claiming a compensation of Rs. 5,00,000 for the injuries received by him.

(2.) To prove his claim, the applicant examined AWs 1 and 2 and marked Exhs. A1 to A7, i.e., F.I.R., original discharge card, disability certificate, original driving licence, R.C. of the vehicle, insurance policy and X-ray films with report. The insurance company examined no witness, however, marked insurance policy, Exh. D1.

(3.) The Commissioner, after considering the facts and circumstances of the case and the evidence on record, observed that the accident had occurred during the course of employment and, therefore, the respondent No. 1 is entitled to compensation. The Commissioner further observed that since the respondent No. 1 suffered physical disability at 40 per cent as per the evidence of Orthopedic Surgeon Specialist, AW 2, loss of earning capacity of the respondent No. 1 is 100 per cent and the age of the respondent No. 1 was arrived at 28 years basing on the driving licence. Against the claim of the respondent No. 1 regarding his salary at Rs. 4,000 per month, the Commissioner, taking into account G.O.Ms. No. 30 dated 27.7.2000, whereby minimum wages were fixed by the Government of Andhra Pradesh, took the salary at Rs. 3,773.50 per month. Since the respondent No. 1 was aged 28 years at the time of accident, as per Schedule IV of the Workmen's Compensation Act, 1923, the Commissioner has taken the relevant factor 211.79 for the purpose of calculating the compensation. Accordingly, the Commissioner arrived at Rs. 4,79,514 towards compensation. The Commissioner granted further sums of Rs. 960 towards stamp fee and Rs. 500 for advocate fee. In total, the Commissioner awarded a compensation of Rs. 4,80,974, which shall be paid within thirty days from the date of the judgment, failing which the compensation shall be paid along with interest at 9 per cent per annum from the date of the application till realization.