BHAG NARAYAN RAM Vs. MANIK SARKAR

JUDGEMENT

(1.) -The instant appeal is preferred by the workman aggrieved by and dissatisfied with the order dated 12th February, 1998 passed by the learned Commissioner, Workmen's Compensation, West Bengal in Claim Case No. 647 of 1996 whereby and where under the workman was awarded compensation in the sum of Rs. 24,199/- and the Insurance Company was directed to deposit the sum within one month from the date of the said order.

(2.) Brief facts of the cases are that the applicant is a 'Khalasi' of the motor vehicle bearing No. WB-23/1319. He is said to have sustained injury in an accident which occurred on 19th August, 1996 and claimed compensation for 100% loss of earning capacity. The accident occurred when the truck WB-23/1319 capsized due to reckless driving of the driver. The compensation has been awarded by assessing the loss of earning capacity as 20% when the claim was for 100% disability. The monthly wages has been determined at Rs. 1,000/- p.m. and the age of workman at the time of accident as 33 years. Assailing the award of compensation on the aforesaid basis, it is contended that the loss of earning capacity should have been assessed at 100% and the wages ought to have been determined at Rs. 2000/- p.m. as per the certificate and the testimony of the Medical Practitioner.

(3.) On the other hand, Mr. Nag, learned counsel appearing on behalf of the Insurance Company submitted that the claim of the petitioner based upon the certificate and evidence of PW-3 is untenable. The said medical practitioner is not a qualified Doctor and neither his testimony nor his certificate (Exhibit-3) can be relied upon for awarding compensation at 100% loss of earning capacity.