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VENKATA JYOTHIRMAI PRATAPA
N. Ramanjaneyulu, S/o. N. Balanna – Appellant
Versus
K. Narayanaswamy, S/o. K. Govindappa – Respondent
JUDGMENT :
(Venkata Jyothirmai Pratapa, J.)
1. This Civil Miscellaneous Appeal is preferred against the impugned order dated 18.03.2010 in W.C.No.10 of 2006 on the file of the Commissioner for Workmen’s Compensation-cum-Assistant Commissioner of Labour, Ananthapur.
2. Appellant herein is the Opposite Party No.2.Respondent Nos., 1 and 2 herein are the applicant and Opposite Party No.1 before the learned Commissioner. For the sake of convenience, the parties will be referred to as they are arrayed before the learned Commissioner.
Brief Facts of the case:
3. Applicant approached Commissioner seeking compensation of Rs.3,00,000/- against Opposite Parties 1 and 2, stating that he met with an accident on 22.12.2004 at about 1.00P.M., during the course of his employment. Applicant worked as driver of Elcher Van bearing No.AP-02- U-5146 under Opposite Party No.1.On 20.12.2004 at about 1.00P.M.,during the course of his employment, the applicant was driving the van and when it reached near Garladinne Bus stand, dashed against a bus in attempt to avoid an accident with auto, as a result of which he sustained fracture of tibia and fibula right leg and fracture on left thigh and received multipl
A disability certificate issued by a qualified medical professional suffices to establish loss of earning capacity, and factual findings of a compensation Commissioner are final if admissible evidenc....
The central legal point established in the judgment is the requirement for reasoned orders and the consideration of functional disability, particularly in professions with specific physical demands.
Claimants with permanent disabilities can be compensated under the Employee’s Compensation Act without formal disability certificates, supported by medical evidence, provided they hold valid driving ....
The assessment of disability in compensation cases must rely on credible medical evidence, and arbitrary increases in disability percentages are not permissible.
An insurer remains liable to pay compensation to third parties even if the insured violates policy conditions, but retains the right to recover the paid amount from the insured.
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