NATIONAL INSURANCE COMPANY LIMITED Vs. AMI LAL

JUDGEMENT

(1.) The Commissioner, Workmen Compensation Act, 1923, Jaipur District-I, Jaipur, vide order/award dated 12th Dec., 2008, awarded compensation in favour of the claimant/non-appellant, for a sum of Rs.3,42,468.00 (Rupees Three lac forty two thousand four hundred sixty eight), along with interest @12% p.a. from the date of accident i.e. 5th April, 2006; of which the appellant/National Insurance Co. is aggrieved of.

(2.) Essential material facts necessary for appreciation of the controversy are that the claimant/non-appellant being second driver cum cleaner on the Truck with registration No. RJ-14-G7572, met with an accident for it hit a standing Truck and as a consequence he suffered fracture in both the legs. The Commissioner, Workmen Compensation Act, 1923, Jaipur District - I, Jaipur, on a consideration of the pleaded facts of the claim petition, response filed by the appellant/National Insurance Co., evidence adduced and upon hearing the counsel for the parties, allowed the claim petition vide impugned order/award assessing loss in the earning capacity to the extent of 70% in view of permanent disability, that was determined as 37% by the Medical Officer, S.M.S. Hospital, Jaipur, on account of multiple fractures suffered by the claimant/non-appellant.

(3.) Learned counsel for the appellant, Mrs. Archana Mantri, reiterating the pleaded facts and grounds of the memo of appeal, emphatically argued that the Commissioner, committed gross error in assessing 70% loss of earning capacity in the face of the disability certificate, which in no uncertain terms indicated 37% permanent disability. Hence, the compensation ought to have been computed on the basis of 37% permanent disability. The percentage of loss of earning capacity could not have gone beyond the percentage of disability as indicated in the permanent disability certificate i.e. 37%.