UNITED INDIA INSURANCE COMPANY LIMITED Vs. AAS MOHAMMAD

JUDGEMENT

(1.) Instant appeal has been preferred by the appellantinsurance Company under Sec. 30 of the Workmen's Compensation Act, 1923 [for short 'the Act of 1923] against the impugned judgment and award dtd. 30/9/2009 passed by the Court of learned Commissioner Workmen's Compensation Act, 1923, Jaipur City, Jaipur (Raj.) (for short 'the learned Commissioner') in claim case No. WCCNF 91/2005 by which the claim petition filed by the claimant-respondent has been allowed and the Insurance company was directed to pay compensation of Rs.3,64,409.00 to the claimant-respondent with interest @ 12% per annum with effect from the date of accident i.e. on 23/9/2005.

(2.) Learned Tribunal after framing the issues, evaluating the evidence on record and after hearing counsel for the parties, decided the claim petition of the claimant-respondent and awarded compensation to the tune of Rs.3,64,409.00 under various heads in favour of the claimant-respondent.

(3.) Counsel for the appellant-insurance company submits that the injured has sustained only 36.7% permanent disability even then his permanent disability has been treated as 70% by the learned Commissioner for the purpose of determining the loss of income of the injured. Counsel submits that the injury sustained by the injured was non-scheduled injury and the doctor has not been examined, hence there was no occasion with the learned Commissioner to assess the injury of the injured to the extent of 70% permanent disability.