UNITED INDIA INSURANCE COMPANY LIMITED Vs. HARDEVA RAM

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellantInsurance Company (for short 'the Insurance Company') u/s 30 of Workmen's Compensation Act, 1923 (for short, the Act of 1923) against the judgment dtd. 13/1/2015 passed by learned Workmen Compensation Commissioner, Sikar (for short 'learned Commissioner') in claim case No.WCCF/NF/27/2007 titled as Hardeva Ram Vs. Harphool Singh & Anr., whereby an amount of Rs.2,36,472.00 with interest @ 12% has been awarded in favour of the claimant-respondent No.1 (for short 'the claimant') with effect from the date of accident i.e. 1/2/2007.

(2.) Learned counsel for the Insurance Company submits that the learned Commissioner has wrongly allowed the claim petition filed by the claimant. Learned counsel for the Insurance Company also submits that no FIR was lodged regarding accident dtd. 1/2/2007 for two months. Rather, the claimant submitted an application after a lapse of more than 2 months, on which no investigation was conducted by the police. Learned counsel for the Insurance Company also submits that claimant had not submitted any evidence regarding income. Claimant was not a regular labourer and works as per the daily requirement in open market.

(3.) Learned counsel for the Insurance Company also submits that as per permanent disability certificate, only 17% permanent disability was caused but learned Commissioner wrongly considered it as 50% while considering the permanent disability. Learned counsel for the Insurance Company also submits that at that time, prevailing minimum wages was 81/- per day but learned Commissioner wrongly considered the income of the claimant as Rs.4,000.00 per month. So, appeal be allowed and judgment dtd. 13/1/2015 passed by learned Commissioner be set aside.