United India Insurance Company ... vs Mr. M. Krishna Anr
2021 Latest Caselaw 3499 Tel

     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

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