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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. Venkata Ramana, J.
Seeda Anka Rao - Appellant
Vs.
G. Mallikharjuna Rao and Ors. - Respondent
Civil Miscellaneous Appeal No. 244 of 2009
Decided On: 28.12.2020
WORKMEN'S COMPENSATION ACT - PERMANENT PARTIAL DISABILITY - ASSESSMENT - LOSS OF EARNING CAPACITY - INTERPRETATION OF SECTION 2(L) AND 4(1)(C)(II) - CALCULATION OF COMPENSATION - INTEREST ON DELAYED PAYMENT.
Fact of the Case:
The appellant, a lorry driver, suffered fractures to both lower limbs in an accident while driving his employer's lorry. He claimed compensation under the Workmen's Compensation Act, alleging 100% disability. The Commissioner awarded compensation based on a 30% disability.
Finding of the Court:
The court held that the appellant's disability was 35%, not 100%, based on the medical evidence and the appellant's ability to attend to other work. The court also held that the appellant was entitled to interest on the compensation amount from the date of the accident until the date of payment.
Issues: 1. Whether the appellant's disability was 100% or 35%. 2. Whether the appellant was entitled to interest on the compensation amount.
Ratio Decidendi: 1. The court interpreted Section 2(l) and 4(1)(c)(ii) of the Workmen's Compensation Act to hold that permanent partial disability does not automatically result in permanent loss of earning capacity or 100% disability. 2. The court held that the appellant's loss of earning capacity should be assessed based on the opinion of a qualified medical practitioner and the appellant's ability to attend to other work.
Final Decision: The court allowed the appeal in part and modified the Commissioner's order. The court directed the respondents to pay compensation of Rs. 1,18,951/- with interest at 9% p.a. from the date of the accident until the date of payment.
JUDGMENT :
M. Venkata Ramana, J.
1. This Civil Miscellaneous Appeal is directed against the order in W.C. No. 34 of 2005 dated 05.05.2007 of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-II Circle, Guntur.
2. The appellant was the applicant and whereas the respondents were the respondents before the Commissioner for Workmen's Compensation Act ('Commissioner', for short).
3. The appellant filed an application before the Commissioner to award compensation of Rs. 2,50,000/- stating that he was the driver of the lorry AP 7T/5006 belonging to the 1st respondent and that on 26.11.2003, an accident occurred at about 3.00 a.m. when he was driving the same, near Kavali. The manner of accident according to the appellant was that a lorry AP 16 X/5981 coming from opposite direction dashed against the lorry being driven by him resulting in severe grievous injuries to him. Thereafter, according to the appellant, he was taken to Government Hospital, Kavali and later to Government General Hospital, Guntur for treatment. A case in Cr. No. 135 of 2003 was registered in Kavali Rural Police Station in respect of this accident.
4. The appellant also claimed that after he was discharged from Government General Hospital, Guntur he had further treatment in the hospital of Sri Y. Lakshmna Swamy, Orthopedic surgeon at Guntur. He had undergone surgery to both his legs and steel rods were inserted. Thus, he explained his disability and now claimed it at 100%.
5. Basing on the salary at Rs. 3,500/- per month apart from batta of Rs. 500/- to Rs. 600/- per month, which he used to get as driver of this lorry, the appellant claimed that because of the fractures and consequent disability he is unable to attend to any other work. He claimed compensation payable by the respondents contending that the offending lorry was insured with the 2nd respondent by the date of the accident.
6. The 1st respondent did not appear before the Commissioner and whereas the 2nd respondent alone contested this matter before the Commissioner denying the entire case set up by the appellant including the manner of accident and extent of disability suffered by the appellant, while questioning the quantum of compensation.
7. The learned Commissioner by a very cryptic order, basing on the evidence by the appellant as A.W.1, who relied on Ex. A1 to Ex. A10 apart from the evidence of two more witnesses A.W.2 and A.W.3, held that the appellant is entitled to Rs. 1,01,958/- towards compensation. In this process, the Commissioner considered the disability suffered by the appellant at 30% basing on the evidence of A.W.3 Doctor, age of the appellant at 50 years and his wages at Rs. 3,700/-.
8. Initially, by an order dated 05.05.2007, upon improper application of relevant factor, compensation of Rs. 1,38,515/- was awarded. It was later corrected issuing errata on 14.09.2007 quantifying the compensation as stated above.
9. Dissatisfied with the quantum of compensation so awarded, the appellant has preferred this appeal. Substantial questions of law are stated in the grounds of appeal.
10. Sri Siva Ramakrishnaiah, learned counsel for Sri N. Subba Rao, learned counsel for the appellant, and Smt. A. Jayanthi, learned Standing Counsel for 2nd respondent, addressed arguments in this appeal.
11. Now, the following points arise for determination:
1. Whether considering the permanent partial disability at 30%, having regard to the nature of injuries suffered by the appellant and their effect is proper and if it is 100%?
2. Whether compensation awarded by the Commissioner in the circumstances is just and reasonable?
3. To what relief?
POINT No. 1:-
12. The accident in question occurred on 26.11.2003 at about 3.00 a.m., when the appellant was driving the lorry AP 7T/5006 and dashed against the opposite lorry AP 16X/5981 near Kavali. Fractures suffered by the appellant in this accident to both the lower limbs and consequent treatment he had at different hospitals, are brought out from the
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