JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 30 of the Employees' Compensation Act, 1923 as against the final award dated 07.10.2016 (received on 07.09.2017), passed by the Commissioner for Employees Compensation (Deputy Commissioner of Labour – II, Chennai), in E..C No.142 of 2014.)

1. This appeal has been filed by the Insurance Company challenging the Final Award, dated 07.10.2016 passed by the Employees' Compensation (Deputy Commissioner of Labour – II), Chennai in E.C. No.142 of 2014.

2. The Deputy Commissioner of Labour – II, Chennai under the impugned Award has directed the Appellant/Insurance Company to pay the first respondent/applicant/claimant a compensation of Rs.1,75,131/- together with interest at 12% for the injuries sustained by the 1st respondent/applicant as a result of an accident between an Autorickshaw bearing Registration No.TN-07-W-0228 and a Van bearing Registration No.TN-20-AM-0569 on 27.02.2014.

3. It is the case of the 1st respondent/applicant that he is a Driver employed by the 2nd respondent (opposite party) and only during the course of his employment, the accident happened, which resulted in him sustaining injuries and therefore, he is entitled to claim compensation from the Appellant/Insurance Company, who is the insurer of the offending van bearing Registration No.TN-20-AM-0569.

4. Before the Deputy Commissioner for Workmen's Compensation, Labour – II, Chennai the 1st respondent had sought for a compensation of Rs.5,00,000/-. A counter was also filed by the appellant/Insurance Company before the Commissioner denying their liability on the ground that a) there is collusion between the 1st and 2nd respondents, (b) the 1st respondent/applicant has sustained very simple injuries and he has not suffered any disability and there is no loss of earning capacity.

5. By a final Award dated 07.10.2016 passed in E.C. No.142 of 2016, the Deputy Commissioner for Workmen Compensation (Labour – II), Chennai directed the appellant/Insurance Company to pay a compensation of Rs.1,75,131/- together with interest at 12% p.a. to the 1st respondent/applicant, as detailed hereunder :

Monthly income :Rs.7699/-

Petitioner's age at the time of the accident : 34

Factor applied : 189.56

Loss of earning capacity : 20%

Thus the compensation works out to Rs.1,75,131/-

(60/100 x 189.56 x 7699 x 20%)

6. Aggrieved by the same, the Insurance Company has filed this appeal.

7. Heard the learned counsels on both sides.

8. The learned counsel for the appellant/Insurance Company drew the attention of this Court to Section 3(1)(a) of the Workmen's Compensation Act, 1953 and also to the following documents, which has been filed in the Additional Typed set of papers :

a) photo copy of the accident register, dated 27.02.2014, which has been marked as Ex.P2 before the Deputy Commissioner;

b) Discharge summary, dated 01.03.2014, which has been marked as Ex.P3 before the Deputy Commissioner;

c) Wound Certificate, which has been marked as Ex.R1 before the Deputy Commissioner and

d) Disability certificate, dated 01.04.2016, which has been marked as Ex.P9 before the Deputy Commissioner

9. He would submit that since the treatment for the alleged partial disablement of the 1st respondent/applicant has not exceeded three days, the question of payment of compensation to the 1st respondent under the Workmen's Compensation Act will not arise as per Section 3(1)(a) of the Act. He would also submit that as seen from the medical records, which have been marked as Exhibits, the assessment of disablement of the 1st respondent at 20% made by the Doctor (PW2) is not in consonance with the treatment records of the 1st respondent. According to him, as seen from the treatment records, the 1st respondent/applicant has sustained only simple injuries and therefore not entitled for compensation under the Act. He would also submit that the 1st respondent/applicant has also not chosen to examine an independent witness before the Commissioner to prove his alleged