THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
CIVIL MISCELLANEOUS APPEAL NO.1012 OF 2007
JUDGMENT
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 2 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.
4. Learned counsel for the appellant, Sri N. Mohan Krishna, has drawn the attention of this Court to the evidence of the doctor, wherein at Ex.A5, the disability certificate, mentions that the applicant has suffered 40% physical disability and it further mentions that he suffered loss of earning capacity @ 100%. During the cross- examination, the doctor had explained in detail that surgery was performed in the neck for prolapsed inter vertebral disc and that the disability is permanent and partial. It was also explained that the applicant was having post traumatic inter vertebral disc prolapse, C 5- 6 and L 3-4 with quadriplegia and was treated by surgery on cervical spine and presently Grave-IV power in upper and lower limbs and hand grip weak both sides, due to which walking, sitting, squatting is difficult for the applicant and that he cannot drive an auto. By taking this evidence into consideration, the Commissioner has held that the loss of earning capacity is 75% and not 100% as assessed by the doctor. As regards the disability, he has taken it as 60%.
5. This Court finds that the Commissioner has properly analyzed the evidence given by the doctor and determined the disability at 60% 3 and loss of earning capacity only at 75% as against 100% assessed by the doctor. Therefore, this Court does not find any reason to interfere with the award of the Commissioner.
6. The Civil Miscellaneous Appeal is accordingly dismissed. No order as to costs.
7. Pending miscellaneous petitions, if any, in this CMA shall also stand dismissed.
___________________________ JUSTICE P. MADHAVI DEVI Date:01.12.2021 Svv