MISHRILAL Vs. NIRMAL KUMAR

JUDGEMENT

(1.) BY the impugned order, the Commissioner for Workmen's Compensation ('commissioner' for short) has awarded Rs. 39,912 as compensation with interest at the rate of 9 per cent per annum since 6. 8. 1987 to be paid within 3 months and in default of payment, has awarded the penalty of 25 per cent with the direction that both the parties shall bear their own costs.

(2.) THE appellant was employed as truck driver on truck No. RSO 5000 owned by Nirmal Kumar, R-l, on 6. 8. 1987, the truck was overturned due to sudden mechanical failure and the appellant suffered fracture of right humerus with partial radial nerve palsy, compound fracture of 5th metacarpal, first phalanx of ring and little finger of left hand and compound fracture of 4th metatarsal of left foot. Appellant remained admitted between 6. 8. 1987 and 11. 8. 1987 in Government Hospital and then in the hospital of Dr. Ramsingh between 13. 8. 87 and 9. 10. 1987. As per claim of appellant, he has suffered total permanent disability and has become incapable of driving any heavy motor vehicle. Such allegations had been denied by the insurance company, R-2. The Commissioner relying upon the statement of Dr. Ravindra Gangwal, AW 1, has held that the appellant had suffered permanent disability to the extent of 40 per cent only.

(3.) THE appellant has challenged the award firstly on the ground that he was totally disabled from driving a truck, heavy motor vehicle, his earning capacity was totally lost and thus, the award on the basis of 40 per cent physical disability had not been legal. Secondly, the penalty for default in payment of compensation should have been awarded from the period after a month of accident as envisaged under Section 4-A (3) (b) and not on default of payment of awarded amount. It is noteworthy that under Section 30 of the Act, no appeal lies against any order unless substantial question of law is involved in the appeal.