CHARAN SINGH Vs. G VITTAL REDDY

JUDGEMENT

(1.) All these appeals were filed by the workmen against the orders passed by the learned single Judge in the appeals filed against the orders of the Commissioner for Workmen's Compensation. Since common question of law is involved in all these Appeals, they are disposed of by this common order.

(2.) In a lorry accident that took place, several workmen including the crew of the lorry sustained injuries. Since the accident had taken place out of and in the course of employment of the workmen, claims were laid before the Assistant Commissioner of Labour, Nizamabad, who was designated as the Commissioner for Workmen's Compensation under the provisions of the Workmen's Compensation Act, 1923. Evidence was adduced by the workmen concerned. Not only the workmen were examined but the doctor who had issued Disability Certificate was also examined. The learned Commissioner relying on the evidence of the workmen and also the medical evidence coupled with the certificate of disability, allowed the claims fixing various percentages of disability depending on the nature of injuries sustained by them.

(3.) Against those orders of Commissioner for Workmen's Compensation, the Insurance Company carried the matter in appeal before this Court. The learned single Judge after hearing the batch of appeals, found fault with the order of the Commissioner on the ground that the doctor who was examined by the workmen- claimants was not the doctor who had treated the workmen, and, therefore, even though the matter required remand, reduced the compensation to 50% and allowed the appeals filed by the Insurance Company to that extent. Aggrieved by the said order of the learned single Judge, the present appeals under Letters Patent have been filed.