NATIONAL INSURANCE CO. LTD. Vs. RAMMU LAL

JUDGEMENT

(1.) The instant appeal under Sec. 30 of the Workmen Compensation Act, 1923 {now the Employee's Compensation Act, 1923 (hereinafter referred to as 'Act, 1923')} has been filed by the appellant/insurance company being aggrieved by the award dtd. 16/2/2010 passed by the Commissioner, Workmen Compensation Act, Labour Court, Jabalpur, in W.C. No.215/2004 (non-fetal) whereby compensation to the tune of Rs.1,24,952.00 has been awarded to the claimant/respondent No.1.

(2.) Facts of the case in brief are that the claimant/respondent No.1 was employed with respondent No.2 as Bus Conductor in Mini Bus bearing Registration No.MP-20-E-9541. During employment, when on 13/4/2004, respondent No.1 was going from Mandla to Samnapur by said Mini Bus, on the way, the bus turtled resulting into serious injuries to the claimant/respondent No.1.

(3.) The claimant/respondent No.1 had filed a claim under the Act, 1923, before the Labour Court, Jabalpur, stating therein that at the time of accident, he was 19 years old and earning Rs.4,000.00 per month. The vehicle was registered in the name of respondent No.2 and insured with the appellant/Insurance Company on the date of accident. In the said accident, the claimant had sustained fracture in both hands, moreover, middle finger of his left hand got amputated. The Medical Board has given certificate of 50% permanent disability to the claimant. The learned Labour Court framed the issues and after analyzing the material adduced by the parties, came to the conclusion that the claimant suffered 40% loss of earning capacity and after assessing his income as Rs.2,313.00 per month, on the basis of Minimum Wages Act, awarded the compensation to the tune of Rs.1,24,952.00.