THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
CIVIL MISCELLANEOUS APPEAL NO.255 OF 2008
JUDGMENT
This Civil Miscellaneous Appeal is filed by the New India Assurance Company Limited, which is Opposite Party No.2 in W.C.No.60 of 2005 on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar, challenging the award dt.08.02.2008 passed therein.
2. The brief facts are that the 1st respondent herein was working as a driver of the Auto bearing No.AP22V 0684 belonging to Opposite Party No.1 and the vehicle was insured vide Insurance Policy Cover Note No.479553 valid between 18.12.2004 and 17.12.2005. On 05.06.2005, the applicant before the Commissioner was driving the auto from Gangapur Village towards Jadcherla with passengers and some cattle were proceeding on the road ahead of the auto, due to which the applicant steered his auto on the left side and lost control over the vehicle and thus the accident occurred. In the accident, the applicant sustained fractures and grievous injuries all over his body.
3. The applicant filed an application before the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar for a lump sum compensation of Rs.4,00,000/- from 2 Opposite Parties No.1 and 2. The applicant stated that he was paid wages at the rate of Rs.3,000/- per month and was aged about 25 years at the time of the accident.
4. The Commissioner has considered that the vehicle belonged to Opposite Party No.1 and that the applicant was working as a driver of Opposite Party No.1. He has also observed that the disability of the applicant was certified by the Medical Board at 60% as his right leg was amputated below the knee. In view of the same, the Commissioner has taken the wages in accordance with G.O.Ms.No.30, Labour, Employment, Training and Factors (Lab-II) dt.27.07.2000 at Rs.3,154/- per month and awarded 60% as disability compensation, against which the insurance company is in appeal before this Court.
5. This Court finds that the appellant has raised grounds only against the loss of earning capacity being treated as 100% as against the disability of 50% assessed by the Medical Board. This Court finds that the applicant had lost his right leg below the knee and though the disability may be 50%, he cannot work as a driver thereafter and therefore, the loss of earning capacity is 100%. Hence, this Court finds no reason to interfere with the award of the Commissioner.
6. The Civil Miscellaneous Appeal is accordingly dismissed. No order as to costs.
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7. Pending miscellaneous petitions, if any, in this CMA shall also stand dismissed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 12.11.2021 Svv