NATIONAL INSURANCE CO.LTD. Vs. KAMAL

JUDGEMENT

(1.) This appeal under section 30 of the Workmen's Compensation Act has been filed by the insurance company against the award dated 23.8.2005 passed by the Commissioner for Workmen's Compensation, Labour Court, Indore in Case No. 12 of 2000 WC.

(2.) The respondent No. 1, Kamal, had filed claim before the Commissioner for Workmen's Compensation stating that he was employed as a driver by the respondent No. 2 and on 24.3.1999 while driving the bus he met with an accident and had received injuries and lost his right eye resulting in permanent disability. Hence compensation was claimed.

(3.) The Commissioner for Workmen's Compensation after considering the evidence led by both the parties reached the conclusion that the respondent No. 1 was employed as a driver with the respondent No. 2 and in an accident caused during the employment he had lost his right eye. It is also found that the respondent No. 1 had become unfit to drive the vehicle in future. The Commissioner found that there was 100 per cent loss of earning capacity of the respondent No. 1. The Commissioner assessed monthly income of the respondent No. 1 at Rs. 2,000 and found age of the respondent No. 1 as 32 years and accordingly awarded the compensation of Rs. 2,44,620. The Commissioner directed that if the compensation is not deposited within sixty days, then the insurance company will pay interest at the rate of 9 per cent from the date of accident till deposit of the amount.