UNITED INDIA INSSURANCE COMPANY LIMITED Vs. MEKALA NARSIMMA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the United Insurance Company Limited against the order of the Commissioner for Workmen 's Compensation and Assistant Commissioner of Labour-1, Sri T. Anjaiah Karmika Samkshema Bhavanam, RTC Cross Roads at Hyderabad in W.C.No.215 of 2004 dt.01.11.2007 granting a compensation of Rs.2,46,026/- to the applicant.

(2.) Brief facts leading to filing of this Appeal are that the applicant / 1st respondent was a workman employed as a driver by Opposite Party No.1 on his auto rickshaw bearing No.AP 28U 9983. He sustained injuries in the accident that occurred on 30.06.2003 during the course of and out of his employment with Opposite Party No.1. The applicant filed an Application before the Commissioner for Workmen 's Compensation seeking compensation of Rs.5,00,000/- for the injuries sustained by him and the Commissioner awarded a compensation of Rs.2,46,026/-. The workman had claimed that he was receiving wages of Rs.4,000/- per month with Rs.50/- per day. The Commissioner has considered the minimum wages payable under the Minimum Wages Act at Rs.2,834/- and has granted disability compensation at 60% and loss of earning capacity at 75% and computed the compensation accordingly.

(3.) The only grievance of the insurance company is against the disability compensation paid by the Commissioner @ 75% even though the doctor has assessed the disability at 40% only.