The National Insurance Company ... vs Cherukula Siddappa And Another
2021 Latest Caselaw 830 Tel

   THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

        CIVIL MISCELLANEOUS APPEAL No. 229 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.155 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

of left clavicle lateral end and the same is mal-united with mild

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.

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