SOMATIRUMALA REDDY Vs. K SAMBASIVA RAO

JUDGEMENT

(1.) The appellant was employed as a driver with the 1st respondent to work upon a lorry bearing No.AP-7T- 5335. On 28-1-1998, he was on the way from Guntur to Khatmandu, in Nepal. While it was passing through the State of Madhya Pradesh, the lorry met with an accident and the appellant received multiple injuries and fracture to four bones, of different parts of the body. He was treated as inpatient up to 31-1-1998, two operations were conducted upon him and steel rods have been inserted, to ensure proper joining of bones.

(2.) The appellant filed W.C. No.61 of 1999 before the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-II Circle, Guntur, (for short "the Commissioner"), claiming compensation of Rs.3,00,000/- for the injuries sustained by him. The insurer of the vehicle was impleaded as the 2nd respondent. The appellant pleaded that he suffered total disablement and he is entitled for compensation claimed by him. The claim was opposed by the insurer of the vehicle. Through its order, dated 31-8-2001, the Commissioner awarded a sum of Rs. 1,28,142/- as compensation. The loss of earning capacity of the appellant was taken at 50% and his wages at Rs.2,000/- per month. The appellant seeks enhancement of the same.

(3.) Sri A. Rajendra Babu, learned Counsel for the appellant, submits that on account of the injuries sustained by him the appellant became totally unfit to function as driver and thereby suffered total disablement. He contends that this fact was proved by the deposition of AW-2, the doctor, who treated the appellant. It is also his case that the Commissioner took the wages of the appellant, at the relevant point of time, in a very arbitrary manner.