NEW INDIA ASSURANCE CO. LTD Vs. DHAVALA RAMARAO

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed under Sec. 30 of the Workmen Compensation Act, 1923,( for short "the Act') against the impugned Order dtd. 23/3/2002 in W.C.No.42 of 2000on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Srikakulam (hereinafter be referred to as" Commissioner".)

(2.) The appellant herein was the Opposite Party No.2, Respondent No.1 herein was the Applicant and respondent No.2 herein was the Opposite Party No.1 before the learned Commissioner.For the sake of convenience and understanding, the parties are referred to as they were arrayed before the learned Commissioner.

(3.) The case of the Applicant in nutshell is that: a. Applicant/Injured-Sri DhavalaRama Rao received injuries during the course of employment on 29/3/1999 while he was working as a coolie to carry heavy loads in the rice mill of O.P.No.1 i.e., Sri Savaraju Modern Rice Mill, Amadalavalasa. He suffered fractures to his rightleg and is unable to continue his work as a Hamali, resulting 100% of loss of earning capacity. Therefore, he sought for compensation of Rs.1,57,686.35 Ps from the Opposite Parties.