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M. G. PRIYADARSINI
Cheelam Narayana – Appellant
Versus
G. Narasimha Reddy – Respondent
JUDGMENT :
M.G. Priyadarsini, J.
1. Aggrieved by the order dated 29.06.2012 passed in W.C.No.41 of 2004 NF, on the file of the learned Commissioner for Employees’s Compensation and Deputy Commissioner of Labour, Nizamabad (for short, ‘the Commissioner’), the Applicant therein filed the present Appeal seeking to modify the order awarded by the learned Commissioner by enhancing the compensation amount.
2. For the sake of convenience, the parties hereinafter be referred as they were arrayed before the Commissioner.
3. The brief facts of the case are that the applicant filed a claim application under the provisions of Workmen’s Compensation Act, 1923 (for short, ‘the Act’) seeking compensation of Rs.4,00,000/- along with interest on account of the injuries sustained by him in an accident that occurred on 22.02.2002. It is stated by the applicant that he used to work as ‘Labour’ under the employment of opposite party No.1 on his Tractor bearing No.ATJ1620 and Trolley bearing No.AP-25B-3835. On 22.02.2002, when he was proceeding as Labour along with other labours in Trolley bearing No.AP-25B-3835 towed to the Tractor bearing No.AT-J-1620 under the instructions of opposite party No.1 from Kal
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.
Total incapacity to perform work due to injury is deemed 100% functional disability, warranting full compensation under the Workmen's Compensation Act.
The assessment of disability in compensation cases must rely on credible medical evidence, and arbitrary increases in disability percentages are not permissible.
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