GUDDU Vs. RAMLAL

JUDGEMENT

(1.) This appeal has been filed by the claimant for enhancement of compensation against the award dated 1.2.2010 passed by the Second Member M.A.C.T., Ratlam in Claim Case No. 30 of 2009, whereby learned Tribunal awarded a sum of Rs. 1,58,200 as compensation to the appellant. Other findings pertaining to rash and negligent driving of the vehicle and liability of the insurer are not in dispute.

(2.) It is submitted that due to accident the appellant sustained grievous injuries on various parts, suffered multiple fractures and crush injury. He was hospitalised in Government Hospital, Ratlam and thereafter J.P. Hospital, Udaipur and his left leg was operated and cut down below knee and, therefore, he suffered 60 per cent permanent disability. As per Sr. No. 20 of Workmen's Compensation Act, 1923, the disability of appellant is 50 per cent.

(3.) Learned counsel for the appellant drew my attention to para 3 of the statement of claimant, AW 1 and submitted that appellant has lost his 100 per cent earning capacity because at the time of accident he was working as labourer with Radhe Shyam contractor and after amputation of left leg below knee he became unfit for labour work which he was doing with Radhe Shyam contractor before accident. Thus, it is submitted that the disablement of appellant is total 100 per cent and not partial, as he cannot do labour work and looking to disability nobody gives him employment. In para 3 of the statement appellant Guddu alias Omprakash, AW 1, has very categorically stated that after his accident he is not getting work and he is sitting idle at home.