TARLOCHAN SINGH Vs. SAMMI BANSAL

JUDGEMENT

(1.) The appellant had filed application No. 12 of 1997 under the Workmen's Compensation Act (hereinafter referred to as the Act) before the learned Commissioner for workmen's Compensation for U.T. Chandigarh (hereinafter referred to as the 'Commissioner') for compensation which he claimed as a result of the injury which he received in the accident.

(2.) The appellant was a driver of a maruti van owned by respondent No. 1 and insured by respondent No. 2. This fact is not in dispute. In the accident, the appellant sustained an injury as a result of which his left leg had to be amputated. He had claimed compensation of Rs. 2 lacs.

(3.) The learned Commissioner, partly allowed the petition and awarded a sum of Rs. 1,34,490/- to the appellant along with 12% interest. The learned Commission while not agreeing with the contention that the pay of the appellant was Rs. 2,000/- per month, held that it could be assessed at Rs. 1,800/- per month. He assumed the disability was 57%.