RAKESH Vs. NARAYAN

JUDGEMENT

(1.) THIS appeal under section 30 of the workmen's Compensation Act, 1923 is directed against the order dated 28. 11. 2003 passed by the Commissioner for Workmen's compensation, Indore in Case No. 64 of 2001. The appellant had approached the Commissioner for Workmen's Compensation on the ground that he was in the employment of the respondent No. 1 and received wages in sum of Rs. 3,000 per month. At the time of alleged accident he was only 18 years old.

(2.) IN intervening night of 28/29. 5. 2001 while in the employment of respondent no. 1, he was going by tractor bearing registration No. MP 11-D 2685 as a labourer, on account of rashness and negligence of the driver of the tractor, it overturned and he sustained severe injuries in his left leg and during treatment, his left leg had to be amputated below knee. On account of amputation of his left leg, he claimed compensation. It was stated that vehicle was insured by New India Assurance Co. Ltd. , respondent No. 3.

(3.) THIS appeal has been filed mainly on the ground that the Commissioner for workmen's Compensation committed an error of law in assessing the loss of income at 50 per cent, while in view of nature of injury it should have been determined at 100 per cent as loss of earning capacity.