UNITED INDIA INSURANCE CO LTD Vs. BALMAT SINGH

JUDGEMENT

(1.) THE appellant Insurance Company has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the order dated February 22, 1993 in W. C. Case No. 78/92 passed by the Commissioner for Workman's Compensation cum-Labour Court, Jabalpur (for short 'the Commissioner')

(2.) THE facts are not in dispute. Respondent No. 1, the claimant was employed as a Cleaner/conductor in Truck No. MPQ - 3495 owned by respondent No. 2 and insured by the appellant. The said truck met with an accident on June 22, 1992 wherein respondent No. 1 received multiple injuries as a result of which leg of the claimant was amputated 4" below the knee. The Commissioner after recording evidence determined the loss of earning capacity at 100 percent as respondent was not able to perform his duties which he was discharging, hence awarded the compensation of Rs. 1,05, 895/-with interest at the rate of 12 percent from the date of accident till the date of deposit.

(3.) THE only contention raised in this appeal is that the nature of the injury suffered is described at serial No. 20 of Part II of the Schedule I of the Act of which the percentage of loss of earning capacity is statutorily provided as 50 percent. Therefore, according to 50 percent loss of earning capacity, the calculation of the compensation in the manner prescribed in Schedule IV of the Act, which is statutorily fixed by the Legislature ought to have been awarded which cannot be more than Rs. 62,000/-in respect of the injury which caused permanent/partial disablement, particularly when no evidence is adduced that the workman has become unfit for doing any work, reliance was placed on decision of the Nagpur High Court in General Manager, G. I. P. Railwayv. Shankar Paltoo 1950 NLJ 415.