THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
CIVIL MISCELLANEOUS APPEAL NO.792 OF 2007
JUDGMENT
This Appeal is filed by the United India Insurance Company Limited against the orders of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-1 at Hyderabad in W.C.No.69 of 2005 dt.23.07.2007.
2. Brief facts leading to filing of this Appeal are that one Sri M. Krishna, employed as a driver by the Opposite Party No.1 on his tempo trax jeep bearing No.AP 28V 7625 on payment of wages of Rs.5,000/- per month including batta, met with an accident on 29.03.2005 at 12.15 A.M. (mid night). The driver sustained grievous injuries and therefore he filed an Application before the Commissioner for Workmen's Compensation for a compensation of Rs.5,00,000/-. He claimed that he was being paid wages of Rs.5,000/- per month. The Commissioner has adopted wages as per Minimum Wages Act at Rs.3,014/- and has granted disability compensation at 60% and loss of earning capacity at 50% and accordingly granted a compensation of Rs.1,98,437/-.
3. This Civil Miscellaneous Appeal is filed mainly against the percentage of 50% adopted by the Commissioner for allowing the loss 2 of earning capacity as against the disability of 30% assessed by the doctor.
4. Having heard both the parties, this Court finds that the doctor has assessed physical disability of the applicant at 30% towards partial and permanent disability sustained by the applicant. In his deposition, the doctor had stated that there is limited movement of right knee range of 10 degrees to 100 degrees, due to which the applicant cannot sit and squat as usual and cannot drive a vehicle. Taking the same into consideration, the Commissioner has considered the percentage of 50% towards loss of earning capacity, since the doctor himself has also stated / opined that with the disability of the applicant, he cannot drive a vehicle. Therefore, since the adoption of the percentage is on the basis of doctor's evidence, this Court does not find any reason to interfere with the award of compensation awarding 50% loss of earning capacity.
5. The Civil Miscellaneous Appeal is dismissed. No order as to costs.
6. Pending miscellaneous petitions, if any, in this CMA shall also stand dismissed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 16.11.2021 Svv