AKSHYA KUMAR SAMAL Vs. MANORANJAN PADHIARI

JUDGEMENT

(1.) Being aggrieved by the order dated 5.1.2011 passed by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Cuttack in W.C. Case No.80-D/2006, the applicant before the learned Commissioner has preferred this appeal. Learned Commissioner has allowed the application for compensation and directed the Insurance Company to deposit a sum of Rs.2,21,693/- towards compensation.

(2.) Learned Commissioner has accepted the appellant's claim that he was a workman working as helper in the Truck bearing Registration No.OR-09-F-7804 owned by O.P.-Respondent No.1. On 6.1.2006 the Truck met with an accident in which the appellant sustained injuries which arose out of and in course of his employment. As a result of the accident, the appellant sustained fracture of left femur, neck of the left femur and left patella which ultimately resulted in stiffness of left hip joint as well as left knee joint and he is now unable to sit and squat properly. Learned Tribunal concluded that due to the permanent partial disablement the appellant has lost 75% of earning capacity. About the income of the appellant, the learned Commissioner did not accept the evidence adduced by the appellant claiming that his monthly wages was at the rate of Rs.3,500/-. On the basis of the minimum wages fixed by the State Government for the year 2006 he determined the monthly wages at Rs.2,500/-. On the basis as aforestated the learned Commissioner has worked out the amount of compensation awarded in favour of the appellant. While making the award the learned Commissioner has not awarded interest as contemplated under Section 4-A (3) of the Employees Compensation Act, 1923 (for short, the Act).

(3.) The Second Appeal is admitted on the following substantial questions of law: