UNITED INDIA INSURANCE CO LTD Vs. RAMULU

JUDGEMENT

(1.) The United India Insurance Company Limited, Hyderabad is the appellant herein which is filed against the order dated 28-4-1993 in WC No. 144 of 1992 by the Commissioner for Workmen's Compensation-Assistant Commissioner of Labour, Circle-I, Rangareddy District whereby the Commissioner has awarded a sum of Rs. 77,479/- by way of compensation for the injuries sustained by the petitioner in a motor vehicle accident that was occurred on 5-3-1992 at about 5.30 p.m. when the respondent-claimant was working as coolie on the lorry bearing No. ADT 4156. The Commissioner for Workmen's Compensation has assessed the percentage of disability on account of the injuries sustained by the applicant- respondent at 70%, determined the age of the petitioner as 22 years and his earnings at Rs. 50/- per day and thus awarded the above said compensation.

(2.) Aggrieved by the said order, the present appeal is preferred by the Insurance Company contending that the Commissioner should not have accepted the daily wage of the applicant claimant as Rs. 5.0/- per day and he should have considered that no notice was given to the employer ,of the applicant by him before filing the above said W.C. and finally submitted that the assessment of the percentage of disability at 70% based on Exs.A-1 to A-14 and in the absence of the examination of the Medical Officer who issued the disablement certificate is not rationale and thus he should not have awarded the compensation as determined by him.

(3.) There is no dispute with regard to the rash and negligent driving of the crime vehicle. Therefore, I need not dwell on the said issue. The issue involved in this appeal is with regard to the quantum of compensation awarded by the Commissioner.