ORIENTAL INSURANCE CO LTD Vs. MANI RAM

JUDGEMENT

(1.) Through this appeal, award of Commissioner, Workmen's Compensation, Jabalpur in Claim Case No. 19 of 2000 dated 1.3.2001 has been challenged.

(2.) Mani Ram (50) was conductor in dumper truck No. MP20-G 1119 owned by Kishan Lal Gupta. During the course of employment, the truck was parked after unloading the material. All of a sudden, it turned turtle as a result of which Mani Ram suffered fracture in the left upper arm. He filed claim before the Commissioner for Workmen's Compensation, Jabalpur for Rs. 1,83,708 stating that he was 50 years old, employed as conductor with Kishan Lal Gupta and because of injury, he could not perform duties of conductor as he had been doing before the taking place of the accident. This claim was opposed by the appellant. It is stated that taking place of accident was not attributable to it, therefore, it was not liable to pay compensation. After recording of evidence, the Commissioner has come to the conclusion that the claimant was conductor when the accident took place. He sustained 100 per cent permanent disability due to this accident. He was 50 years old earning Rs. 2,000 per month for which the owner is responsible. Consequently, compensation in the sum of Rs. 1,83,708 has been awarded payable within two months and carrying interest at the rate of 12 per cent per annum from 16.3.2000. Appellant is not satisfied with this award, therefore, it has been assailed through this appeal.

(3.) Mr. Samaiya, learned counsel for the appellant contended that finding that the claimant suffered 100 per cent disability is not sustainable, therefore, award of compensation on that basis is liable to be set aside. Learned counsel placed reliance on two decisions in Oriental Insurance Co. Ltd. v. Nanguli Singh, 1994 ACJ 680 (Orissa) and Amar Nath Singh v. Continental Constructions Ltd., 2001 ACJ 643 (SC). Submission is opposed by Mr. Chouhan, learned counsel for claimant, submitting that this is a case of 100 per cent disability, therefore, the conclusion of Commissioner on this aspect is not liable to be assailed on any ground. Learned counsel brought to our notice the decision of this court in National Insurance Co. Ltd. v. Dharmulal Jharia, M.A. No. 2090 of 2000; decided on 24.11.2000, wherein this court has confirmed the order of the Commissioner for Workmen's Compensation under the Workmen's Compensation Act holding that where the claimant cannot work the way he had been working before the accident, it would be a case of 100 per cent disability. Similar view has been taken by Apex Court in Pratap Narain Singh Deo v. Srinivas Sabata, 1976 ACJ 141 (SC). With a view to buttress the view, desirable it would be to go to the evidence in this case.