The New India Assurance Co. Limited v. Dhanaji Pandurang Pawar And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1580 OF 2002 WITH CIVIL APPLICATION NO.2760 OF 2002 IN FIRST APPEAL NO.1580 OF 2002 The New India Assurance Co. Ltd.

.... Appellant V/s.

Dhanaji Pandurang Pawar & Anr.

.... Respondents ---- Ms.Poonam Mital, for the Appellant.

Mr.Sharad Bhosale i/b Mr.Dilip Bodake, for Respondent No.1. by NILAM SANTOSH KAMBLE Date:

2024.06.25 18:15:26 +0530 NILAM SANTOSH KAMBLE ---- CORAM : ARUN R. PEDNEKER, J.

DATE : 20th JUNE 2024 P.C:- .

Heard learned counsel for the Appellant.

2.

The present Appeal is filed u/s 30 of the Wokmen's Compensation Act, 1923 on the substantial questions of law by the insurance Company as under :- (i) Whether disability suffered by the Applicant to the extent of 20% would amount to 100% loss of earning capacity without medical evidence in the facts of the instance case ?

N.S. Kamble page 1 of 3

3.

I have perused the evidence of the doctor, part of which is reproduced, at paragraph 7 of the judgment as under:- "2. In my opinion the Applicant cannot drive any vehicle as his left leg is permanently disabled for operating any vehicle and as such he cannot do any work of driving."

4.

Undisputedly, Claimant was a driver of the goods truck and he has suffered fracture to the left leg and suffered permanent partial disability. The disability is such that he is not able to drive any vehicle. The claimant being a driver the loss of income is total and thus there is no perversity in the judgment of the tribunal that the claimant suffered 100% loss of earning capacity. Thus the appeal does not give raise to any substantial question of law. The appeal under Section 30 of Wokmen's Compensation Act being maintainable only on substantial question of law, I see no reason to interfere with the impugned judgment of tribunal. In view of this, the Appeal is dismissed. Outstanding payment with interest to be paid to the claimant within 8 weeks.

N.S. Kamble page 2 of 3

5.

All pending Civil and Interim Applications are disposed of.

(ARUN R. PEDNEKER, J.) N.S. Kamble page 3 of 3