HARINARAYANA Vs. PREM NARAYANA

JUDGEMENT

(1.) This is an appeal, filed by the claimant under section 30 of the Workmen's Compensation Act, against an order dated 1.3.2002, passed by learned Commissioner for Workmen's Compensation, Dewas in W.C. (N.F.) Case No. 8 of 1999. Facts are these: Appellant is claimant. He was a driver and was in the employment of respondent No. 1 (non-applicant No. 1). On 5.11.1998 while he was driving the vehicle (MP 04-E 0848), met with accident and suffered serious injuries on his body. Due to these injuries his whole body was virtually paralysed. Since, the injuries suffered by him were suffered by the claimant when he was in the employment and was also arising out of an employment; he filed a claim petition under section 10 of the Workmen's Compensation Act against the respondent No.1, i.e., employer and the owner of vehicle which he was driving and the insurer, non-applicant No. 2 with whom the said vehicle was insured. The case was contested by the respondents. By award dated 17.1.2002 passed in W.C. (N.F.) Case No. 8 of 1999, the Commissioner, Workmen's Compensation (Labour Court), Dewas awarded a total sum of Rs. 2,63,450 holding that the accident occurred during the course of his employment and arose out of employment, that nature of injuries suffered by claimant was such that it virtually made him 100 percent disabled in his life, that compensation payable to claimant is to be calculated on the basis of his monthly salary of Rs. 2,000 and Rs. 50 daily allowance, keeping in view the principle provided in Schedule appended to the Act.

(2.) The employer (non-applicant No. 1-respondent No. 1) did not file any appeal against this award. Instead, he has filed a review petition before the Commissioner, Workmen's Compensation out of which this appeal arises. It is this review petition which was allowed by the Commissioner by the impugned award whereby the Commissioner reduced the compensation which he had initially awarded under his award dated 17.1.2002 amounting to Rs. 2,63,450 to Rs. 1,35,927. In other words, by the impugned award, passed in review petition filed by respondent No. 1 (employer), the awarded sum of Rs. 2,63,450 is reduced to Rs. 1,35,927. It is against this award, i.e., reduction of award, the claimant has filed this appeal.

(3.) Heard Mr. Manish Jain, the learned counsel for appellant and Mr. P.K. Gupta, learned counsel for respondent No. 2.