Telangana High Court
Oriental Insu.Co.Ltd,Hyd vs Mohd.Abdul ... on 6 January, 2023
Bench: M.Laxman
THE HON'BLE SRI JUSTICE M.LAXMAN
CIVIL MISCELLANEOUS APPEAL No.1269 of 2008
JUDGMENT:
1. The present Civil Miscellaneous Appeal is directed against
the Order dated 16.10.1997 in W.C.No.195 of 1996 on the file of
the learned Commissioner for Workmen's Compensation cum
Assistant Commissioner of Labour, at Nizamabad, wherein the
claim of respondent No.1 seeking compensation for the injuries
sustained by him during the course of employment, at the time of
accident that occurred on 07.02.1996 was partly allowed granting
compensation of Rs.70,154/-. Aggrieved by the same, the present
Appeal is preferred by the Oriental Insurance Company Limited,
who was the opposite party No.2 before the Commissioner.
2. The main challenge in the present Appeal is with regard to
the findings touching the employer and employee relationship
and fixation of physical disability of the applicant at 35% as
determined by the Commissioner.
3. Heard.
4. The case of the appellant was that, the Commissioner has
not properly appreciated the evidence on record with regard to
employer and employee relationship and there is no evidence
produced by the claimant that he was working as cleaner of the
lorry involved in the accident. It is also his contention that the
Commissioner ought not to have considered 35% permanent
partial disability.
5. The contention of the respondents was that, the claimant
was cleaner of the lorry travelling from Nanded towards
Nizamabad side and when the lorry reached Kusunur Village
sivar on Nanded to Hyderabad road at about 12:30 P.M., another
lorry came from opposite direction and dashed against the
applicant's lorry. As a result, the claimant, who was respondent
No.1 travelling in the lorry as cleaner sustained injuries. It is also
his contention that the respondent No.1 sustained head injury,
fracture injuries to both the legs, both the hands and also injuries
on other parts of the body. Considering the injuries, the Doctor
determined 35% permanent partial disability. The same was
accepted by the Commissioner in granting compensation and
said findings of the do not suffer from any perversity and the
interference from this Court arises only when the findings of the
Commissioner suffer from perversity.
6. The evidence on record demonstrates that the accident
occurred when the injured was travelling in the lorry as a cleaner
and there is no dispute from the owner of the lorry that the
injured is not a cleaner. Further, there are multiple injuries
sustained by the cleaner which include two fracture injuries to
both the legs. On considering the same, the Doctor determined
the permanent partial disability as 35% and the same was
accepted by the Commissioner. The Commissioner adopted the
said percentage for loss of earnings based on the impact of
disability on the profession of the injured. The said findings of
the Commissioner are based on the material on record which do
not suffer from any perversity. Hence, I do not find any
substantial question of law involved in the present appeal. The
appeal is devoid of merits and hence, liable to be dismissed.
7. Accordingly, the Civil Miscellaneous Appeal is dismissed. No
costs.
Miscellaneous Petitions, pending if any, shall stand closed.
______________________
JUSTICE M.LAXMAN
06.01.2023
ESP
THE HON'BLE SRI JUSTICE M.LAXMAN
CIVIL MISCELLANEOUS APPEAL No.1269 of 2008
Dated: 06.01.2023
ESP
