Case Note & Summary
The appeal was filed by the United India Insurance Co. Ltd. against the judgment and order dated 21-02-2004 passed by the learned Commissioner for Workmen's Compensation Act at Mumbai in Claim Application WCA No. 761/C-169 of 2000. The Commissioner had awarded a sum of Rs. 2,27,472/- with interest at 12% per annum from the date of the accident till realization to the claimant, Suryakant Damodar Meherkhambe, a driver who sustained serious injuries in a motor vehicle accident on 17-11-1999. The claimant, aged 38 years, was driving a motor vehicle (MH-05-D-1129) belonging to his employer, Nandu Tabaji Gite, and insured with the appellant insurer. He met with an accident at Beturkar Pada and sustained fracture of tibia and fibula (left leg) among other multiple injuries. He was admitted to Rajawadi Hospital, Ghatkopar from 17-11-1999 to 24-11-1999 and thereafter treated as an outdoor patient. As a result, he could no longer drive a vehicle or work as a driver, suffering 100% loss of earning capacity. His monthly salary was Rs. 3,000/-. The employer did not dispute the facts but contended that the insurer was liable. The insurer denied liability, arguing that the accident did not result in 100% permanent partial disability. The court considered the medical evidence, which showed tenderness at the fracture site, stiffness at the left ankle joint with restricted movements, and difficulty in walking, lifting heavy weights, and driving. The court held that the claimant had suffered 100% loss of earning capacity as he could not pursue his occupation as a driver. The appeal was dismissed, and the impugned judgment and order were confirmed.
Headnote
A) Workmen's Compensation - Loss of Earning Capacity - Permanent Partial Disability - Section 4, Workmen's Compensation Act, 1923 - Claimant driver sustained fracture tibia and fibula left leg, resulting in stiffness at ankle joint and difficulty in walking - Medical evidence showed tenderness and restricted movements - Held that the claimant suffered 100% loss of earning capacity as he could no longer work as a driver, and the insurer was liable to pay compensation (Paras 3-5). B) Workmen's Compensation - Interest on Compensation - Section 4A, Workmen's Compensation Act, 1923 - Commissioner awarded interest at 12% per annum from date of accident till realization - Held that interest rate is justified as per statutory provisions (Para 1).
Issue of Consideration
Whether the claimant suffered 100% loss of earning capacity due to the accident and whether the insurer is liable to pay compensation under the Workmen's Compensation Act, 1923.
Final Decision
The appeal is dismissed. The impugned judgment and order dated 21-02-2004 passed by the learned Commissioner for Workmen's Compensation Act at Mumbai in Claim Application WCA No. 761/C-169 of 2000 is confirmed.
Law Points
- Workmen's Compensation Act
- 1923
- Section 4
- Loss of earning capacity
- Permanent partial disability
- Burden of proof
- Medical evidence
- Interest rate
