BHAIRU RAM @ BHERAM SON OF SHRI BHAGWANA, AGED ABOUT 30 YEARS, RESIDENT OF VILLAGE MANDALI, TEHSIL BANSOOR, DISTRICT ALWAR (RAJ) Vs. GIRDHARI YADA AND ANOTHER SON OF GANESH RAM, RESIDENT OF DHANI RAMUKA WALI, VILLAGE RAJPURA, TEHSIL SHAHPURA, DISTRICT JAIPUR. (RAJ)

JUDGEMENT

(1.) This is a claimant's appeal seeking enhancement of compensation awarded by the Commissioner under the Workmen Compensation Act, 1923 (hereinafter 'the Act of 1923').

(2.) And under Challenge is the award dated 06.08.2012 passed by Commissioner, Workmen Compensation, Jaipur District-IInd, Jaipur (hereinafter 'the Commissioner') determining compensation under Sec. 3 of the Employees Compensation, Act 1923 (hereinafter 'the Act of 1923') for a sum of Rs.3,55,807/- along with interest @12% p.a. w.e.f. 12.09.2009 till deposit of the said amount with the Commissioner for the permanent disability sustained by the appellant-claimant (hereinafter 'the claimant') arising from his employment while working as Khalasi employed by the insurer on the insured Vehicle No. RJ-14-GA-5264.

(3.) The facts of the case are that claimant filed a petition under the Act of 1923 for compensation on account of injuries sustained by him in an accident on 12-8-2009 while working as a Khalasi under the employment of respondent No.1 on Truck No. RJ-14-GA-5264 which was insured with the respondent-Insurance Company. The claimant sustained fracture in both legs and during treatment his left legs was amputated below the thigh. At the relevant time the claimant was 27 years of age and earning wages @ Rs.4,000.00 per month. It was stated that following the amputation aforesaid the claimant was unable to work as a Khalasi and thus suffered 100% loss of earning capacity. A claim of Rs.5,08,296/- was made.