Oriental Insurance Co.Ltd., v. Md.Sarwar
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM CIVIL MISCELLANEOUS APPEAL NO: 3778 0F 2003 Appeal Under Section 30 of Workmen's Compensation Act against the Order in W.C.No.128 of 1999 dated 07.01.2003 on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Khammam. Between:
Oriental lnsurance Co. Ltd., Branch Office Vijayawada, rep. by Branch Manager, through its Regional Office, Begumpet, Hyderabad rep. by its Assistant Manager ...APPELLANT/OP.2 AND
1. Md.Sanayar, s/o.Mohinuddin, aged about 37 years, Occ: driver of Lorry AP 367 7529, R/o.Bhupala Pally Village, Warangal District, A.P.
2. Syed Chand Pasha, s/o.Galib, aged: Major, Occ: Vehicle Business & Owner of Lorry AP 36T 7529, Fl/o.Paritala Village, Kanchikacherla Mandal, Krishna District, A.P.
...RESPONDENTS Counsel for the Appellant: SRl. A. V. K. S. PRASAD Counsel for the Respondent No.1: SRI G. JAGADEESWAR Counsel forthe Respondent No.2: SRI T. RAVI KUMAR The Court delivered the following: JUDGMENT
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM c.M.A. No. 3778 OF 2003 JUDG MENT:
This Appeal by the Insurance Company is against the Award dated 07'01.2003 in W'C' No' 128 of 1999 on the file of the Assistant Commissioner of Labour at Khammam'
The applicant had taken up the above-said case claiming that he worked as an employee - driver under the 2"d respondent' during the course of which, on 18'07' 1998' he met with an accident and sustained injuries' It is further claimed that he was aged about 38 years at the time of accident and was earning Rs.2200/- per month. The Assistant Commissioner' after going through the evidence adduced i'e' P'Ws'1 and 2 and Exs'Al to A8 on behalf of the applicant and also R'Wl and Exs'Rl and R'2 on behalf of the Insurance Company, held that employer.employee relationship was established and the factum of occurrence of accident was also established' It was further held that the extent andnatureof.injurieswasestablishedthroughEx.A4-X-ray report and based on the evidence of P'W'2-doctor and Ex'A8 - disability certificate, disability was arrived at 557o' In terms of G.O.Ms.No. 71, dated L6.O4.l2ggl, minimum wages were taken as Rs.2336/- and compensation was awarded at Rs 1'41'724/- with I !
corresponding interest in terms of Section 4-A(3) of the Workmen's Compensation Act, 1923, as amended with effect from 30'08' 1995' Learned Standing Counsel for the appellant - insurance company submits that the Commissioner had erred in taking the monthly wages as Rs.2336/- instead of Rs'2,200/-, as admitted by
the owner of the vehicle and in properly appreciating the evidence of P.W.2 doctor and thus, assessment of partial disability could not have been 55%. Granting of compensation in view of the above is unreasonable and liable to be interfered with, is what argues the learneci Standing Counsel.
Learned counsel for the applicant submits that the amount awarded is just and reasonable for the injuries suffered by his client and hence, no indulgence of this Court is needed in this Appeal.
In view of the arguments of the learned counsel and in the fact situation, as referred to supra, the contentions raised by the Insurance Company are pure questions of fact and in terms of Section 30 of the Act, scope of Appeal being 1imited to the questions of law, this Court does not find any reason to interfere with the findings of fact recorded by the Authority. So far as the discrepancy with regard to the wage is concerned, inasmuch as it is a common practice to pay batta to the driver in addition to the salary, awarding of minimum wages at the said rate is justified. In that view of the matter, the Award of the Authority does not call for any interference. Accordingly, the Civil Miscellaneous Appeal is dismissed. No costs.
Miscellaneous Petitions, i,f g.r,ry stlnd closed. SD/- B.S. CHIRANJEEVI JOINT REGISTRAR i/TRUE COPY// \ SECTION OFFICER To, The Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Khammam. (with record) One CC to Sri A. V. K. S. Prasad, Advocate IOPUC] One CC to Sri T. Ravi Kumar, Advocate [OPUC] J One CC to Sri G. Jagadeeswar, Advocate [OPUC] Two CD Copies One Spare Copy sbr rMr.
HIGH COURT DATED: 0310612021
JUDGMENT
1H <!
JJ L) CMA.No.3778 of 2003 Z 0 6 .tul 202t -z\ * -* D DISMISSING THE APPEAL NO COSTS