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M. LAXMAN
New India Assurance Company Limited – Appellant
Versus
Gundlapally Balreddy – Respondent
JUDGMENT :
1. The present Civil Miscellaneous Appeal has been filed by the Insurance Company against the award dated 20.06.2008, in W.C.No.5 of 2005, on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Mahabubnagar [for short “Commissioner”], whereunder the claim of respondent No.1 herein was partly allowed granting the compensation of Rs.2,64,930/-.
2. There is no dispute with regard to the accident and also injuries sustained by respondent No.1 herein in the accident. As per Ex.A2/wound certificate, respondent No.1 sustained three injuries, out of which, one is grievous in nature, which is on the upper side of right hand and other two injuries are simple in nature. AW2/doctor has assessed physical disability at 30% and the Commissioner took loss of earning disability at 75% for calculation of monitory benefits.
3. Heard the learned counsel on either sides and perused the material placed on record.
4. The contention of the learned standing counsel appearing for the appellant herein/Insurance Company is that the disability certificate issued by AW2/doctor is not scientifically proved and there is a vague statement in the certificate that the
Total incapacity to perform work due to injury is deemed 100% functional disability, warranting full compensation under the Workmen's Compensation Act.
The court modified the interest rate on compensation to 12% per annum from the date of the accident, affirming the Commissioner's findings on disability.
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
Employers are liable to pay statutory interest on compensation from the date of the accident if payment is delayed, and Disability Certificates from Medical Boards take precedence over private assess....
Point of Law : When employer has not maintained the register, claim of claimant has to be accepted and in the case on hand, claimant was having inter-state driving license to drive HTV and HPV and he....
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