THE HON'BLE SRI JUSTICE M.LAXMAN
CIVIL MISCELLANEOUS APPEAL No.18 of 2008
JUDGMENT:
1. The present Civil Miscellaneous Appeal is directed against Order dated 21.07.2007 in W.C.No.114 of 2005 on the file of the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, at Hyderabad, challenging the fixation of loss of earning capacity of the applicant at 60% while the applicant suffered 40% physical disability.
2. Heard learned counsel for the appellant.
3. A perusal of the record shows that except challenging the fixation of earning capacity of the applicant at 60%, there is no serious challenge pertaining to other findings. The evidence of AW2, who is doctor shows that the applicant suffered 40% physical disability as per Ex A5-disability certificate. As per the doctor, the disability was on account of fracture of both bones of right forearm and crush injury to right hand. This means that the limb disability of right hand was the criterian for determination of physical disability. The injured in the present case was the driver. When the driver is not able to discharge his duties on account of 40% physical disability to one of the arms, it definitely has an 2 impact on the total functional disability of the body. The fixation of earning capacity has to be determined with reference to the nature of profession and the impact of physical disability of particular limb and its impact on functional disability of the body.
4. In the present case, the nature of profession of applicant, impact of the accident on the physical disability on the body and the effect of accident on the earning capacity of the applicant was taken into consideration by the Commissioner while determining the loss of earning capacity as 60%. Hence, I do not find any merit in this appeal and the same is liable to be dismissed.
5. Accordingly, the Civil Miscellaneous Appeal is dismissed. No costs.
Miscellaneous Petitions, pending if any, shall stand closed.
______________________ JUSTICE M.LAXMAN 05.01.2023 ESP 3 THE HON'BLE SRI JUSTICE M.LAXMAN 106 C.M.A.No.18 of 2008 Dated: 05.01.2023 ESP