UNITED INDIA INSURANCE COMPANY LTD Vs. MEKALA ADVAIAH

JUDGEMENT

(1.) This appeal is filed by the Insurance Company against the orders of the Commissioner for Workmen's Compensation, Nizamabad, dt. 31-10-1997 in W.C.No. 137 of 1997. The facts of the case are as follows:

(2.) The Commissioner after considering the evidence and the documents on record came to the conclusion that the applicant was working under the second respondent-owner of the lorry and that the accident has taken place during the course of his employment and because of the accident the workman had suffered 60% permanent partial disability. While holding so, the Commissioner awarded an amount of Rs. 1,55,0027- towards compensation to the petitioner-workman fixing the liability jointly and severally on both the respondents. Aggrieved by the same the Insurance Company filed this appeal.

(3.) It is contended by the learned Counsel for the appellant Insurance Company that there is no evidence to show that P.W. 2 is the doctor who examined and treated the petitioner-claimant at the first instance and P.W. 2 examined the workman three years after the incident, that the order of the learned Commissioner is not a reasoned order and there is no discussion whatsoever regarding the assessment of loss of earning capacity and nowhere it is stated that because of the disability sustained the claimant lost his 100% earning capacity. Apart from that the order does not reflect whether the Commissioner has accepted the evidence of the Doctor in toto or not. There is no categorical finding by the Commissioner about the loss of earning capacity of the workman nor there is any observation made by the Doctor to that effect. Apart from that the Commissioner need not follow the evidence of the Doctor and it is not binding on him and he can assess the disability independently and in support of his contentions he placed reliance on a decision of this Court reported and in The New India Assurance Co., Ltd., Represented by Divisional Manager, Hyderabad v. Kotam Appa Rao and sought to set aside the orders passed by the Commissioner.