Nature Of Injuries Should Be Taken Into Account While Awarding Compensation 

By - Deepika D on March 31, 2022

In the present case, United India Insurance Co. Ltd. Vs. Md. Gouse and Another, United India Insurance Company Limited it was held that Nature of Injuries Accounted for Compensation. An appeal was filed against the orders of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad. The facts of the case were that the applicant was working as a cleaner for a lorry belonging to the second respondent who is the owner of the offending vehicle.

Nature of Injuries Accounted for Compensation

The applicant met with an accident on May 23rd 2004. The Civil Assistant Surgeon deposed that the applicant sustained the malunited fracture of the right leg (both bones), fracture of the left knee and d fracture of the left forearm both bones (causing stiffness) – in summation, he assessed that the victim had sustained 65% permanent partial disability and a loss of earning capacity, also at 65%. He issued a disability certificate. He also deposed that, prior to issuance of disability certificate, he had subjected the victim to a clinical and physical examination, various exercises and fresh x-rays.

The owner of the vehicle deposed that the accident occurred during the course of employment; the owner submitted that the cleaner was paid a salary of INR 4,000 per month. He issued an Ex. A.10 salary certificate to affirm the same. He also stated that after the accident, the applicant did not attend to his duty. He further deposed that he paid necessary premiums for the driver, cleaner and five labourers.

As far as the income of the applicant, the Commissioner arrived at an amount of INR 1,800 per month to meet the ends of justice as he was not convinced by the evidence of income claimed, which was observed to be an exaggeration. The Commissioner arrived at the said amount by considering the wage normally paid to a labourer in this area. This Court finds no reason to interfere with the finding of the Commissioner concerning the income of the cleaner. 

The appellant's case was that as per the evidence, the applicant was treated as an outpatient in Sangareddy Government Hospital and no x-rays were taken for the injuries while issuing the injury certificate regarding fractures. The learned Commissioner accepted the validity of the disability certificate issued as well as the estimated loss of earning capacity as assessed by him at the rate of 65%. He would further contend that as per the evidence on record, he was absent from duty for 20 days, and therefore, the amount of compensation granted was excessive. 

Therefore, the Telangana High Court, considering the nature of the injuries sustained by the cleaner of the vehicle and the medical evidence on record and the nature of his job, that it is reasonable to accept the loss of earning capacity at 65%. However, the applicant is entitled to interest at the rate of 12% per annum from the date of accident till the date of realisation as per the law laid down by the Hon'ble Supreme Court in the case of Saberabibi Yakubbhai Shaikh v. National Insurance Company. Accordingly, the appeal is dismissed. 

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