DIVISIONAL MANAGER, ORIENTAL INSURANCE Vs. NAYAN DAS

JUDGEMENT

(1.) The Insurance Company has filed this appeal against the order dated 21.11.1992 passed by the Assistant Labour Commissioner -cum -Commissioner for Workmens Compensation, Rourkela in W.C. Case No. 1K of 1989 by which the Commissioner has directed the appellant to pay a sum of Rs. 98,530/ - as compensation to the respondent No.1 with interest @ 6% per annum from the date of accident till the date of realisation.

(2.) THE appeal was heard by a learned Single Judge, who was of the view that compensation has to be determined in terms of Section 4(1)(c) and not on the ground of total disability coming under Section 4(1)(b) of the Workmens Compensation Act, 1923. The learned Single Judge did not agree with the view expressed by another Single Judge of this Court in the case of National Insurance Co.Ltd. v. Narendra Samal, 1993 ACJ 1095 wherein it was hold that if a helper loses a leg, he would not be able to work as a helper as before and, therefore, it would be a case of total disability, and accordingly would be entitled to 100 per cent compensation. He has, therefore, referred the question by order dated 8.5.1996 to a larger Bench for decision. That is how this appeal has come before us for hearing.

(3.) IN view of what has been stated above, the Commissioner clearly fell into error in holding that the respondent No.1 would be entitled to compensation as a case of permanent disablement. We, accordingly, set aside the impugned order of the Commissioner and remit the matter to him for fresh determination keeping in view the observations made above and the medical evidence on record. Necessary order in this regard will be passed by the Commissioner after hearing parties within two months of receipt of this order. The appeal is accordingly allowed. L.C.R. may be sent back forthwith. Appeal allowed.