THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL MISCELLANEOUS APPEAL No. 202 of 2005
JUDGMENT:
Insurance Company filed this appeal against order dated 20.11.2004 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-III, Hyderabad, in W.C.No.153 of 2003 filed by the first respondent.
Learned counsel for the appellant Insurance Company would submit that though the doctor, A.W.2, certified that the first respondent is having the disability at 20%, the Commissioner assessed the loss of earning capacity of the first respondent at 40%, which is excessive, as such, the order under appeal is required to be interfered with by modifying the same appropriately.
Learned counsel for the first respondent contends that the loss of earning capacity is independent of the percentage of disability and that the first respondent is only a labourer and is required to carry on arduous task of loading and unloading and thereby, prays for dismissal of this Civil Miscellaneous Appeal.
A perusal of the order under appeal discloses that in his evidence, the doctor, A.W.2, stated that the disability of the first respondent is permanent and partial and he had suffered fracture CKR, J 2 CMA.No.202 of 2005 of the head of humerus and the same is mal-united with restriction of shoulder movements, on account of which, the first respondent would not be able to lift heavy weights. Further, the first respondent is only a labourer and as per the minimum rates of wages fixed by the Government, basic wage for a labourer is only Rs.1,437/-.
In those circumstances, this Court is of the opinion that the order under appeal needs no interference.
Accordingly, this Civil Miscellaneous Appeal is dismissed. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J 17th MARCH, 2021.
kvni