GORLA OBULA REDDY Vs. K RAJGOPAL REDDY

JUDGEMENT

(1.) This civil miscellaneous appeal is filed under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') assailing the order dated 5.5.2003 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Kadapa (for short 'the Commissioner') in W.C. No.24 of 2002. The appellant raised a claim before the Commissioner alleging that he was employed as a labourer under the first respondent to work on his tractor bearing No.AP 04E 3263, and on 2.6.2002 at about 7.30 p.m., the tractor met with an accident on Ramapuram-Dinnepadu road, resulting in amputation of his right fore arm. The tractor was insured with the second respondent. He claimed compensation under the provisions of the Act. He pleaded that he was being paid remuneration at Rs.120/- per day and that his age was 28 years at the time of accident.

(2.) The first respondent did not contradict the contents of the application filed by the appellant. The second respondent disputed its liability. It pleaded that the appellant was not employed as a workman, but was travelling in the tractor as a passenger.

(3.) The Commissioner took the extent of disability suffered by the appellant at 75%, the wages at Rs.60/- per day, the age of the appellant as 28 years and awarded a sum of Rs.2,06,718/- as compensation with interest at 9% per annum from the date of accident.