JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Applicability of the respective provisions of the Workmen Compensation Act, 1923 (1923 Act) and Motor Vehicles Act, 1988 (1988 Act) in respect of the claimants who had suffered disability is the question involved in this appeal.

3. The factual matrix involved in these cases would be noticed by us separately.

SLP (C) NO.11215 OF 2006

First respondent in this appeal was the driver of a truck bearing registration No.UP-21-9636. Respondent No.2 was its owner. An accident took place on 2.10.2004 wherein first respondent suffered an injury in his right leg besides others. He filed an application for award of compensation in terms of the provisions of the 1923 Act before the Commissioner of Workmen Compensation, Moradabad claiming a sum of Rs.1,50,000/- with interest. The Commissioner opined that although the workmen had suffered 15% disability but loss of his earning capacity was 100%. Noticing that he was aged about 35 years and his salary was Rs. 3,200/- per month, a sum of Rs. 3,78,355.20 was awarded with interest at the rate of 12% per annum from the date of accident till payment.

The High Court dismissed the appeal in limine.

SLP (C) NO.