BATTU LAXMI Vs. V. PURNACHANDER RAO AND ANR

JUDGEMENT

(1.) This appeal is filed against the order dated 24.01.2012 passed by the Commissioner, Workmen's Compensation, in W.C.No.317 of 2003 NF. The appellant herein is the Claimant before the Commissioner.

(2.) The appellant/claimant filed the claim petition before the Commissioner seeking compensation for the injuries suffered in a motor vehicle accident that occurred on 13.05.2002 while she was discharging her duties as labourer on the lorry bearing No.AAT 4029 proceeding from Nizamabad to Bodhan and when the lorry reached Jankampet bus stand at 3:30 PM, the driver had driven the lorry in a rash and negligent manner and lost control of the vehicle and dashed an RTC bus coming from opposite direction. The Commissioner after considering the evidence adduced and after considering that the crime vehicle i.e., Lorry bearing No.AAT 4029 was insured with the 2nd respondent-insurance company, and also considering that the appellant sustained the injury in the course of employment as a labourer on the lorry of the 1st respondent, awarded a compensation of Rs.78,859/- holding the 1st respondent (owner of lorry) and the 2nd respondent (insurance company) jointly and severally liable to pay the compensation.

(3.) Aggrieved by the Commissioner not taking into consideration the wages of the appellant as Rs.4,000/- per month, and also not taking into consideration the loss of earning capacity of the appellant at 40%, and also not awarding interest at 24% per annum on the total claim, the Claimant filed the present appeal.