,' HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY ,THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA CIVIL MISCELLANEOUS APPEAL NO: 629 OF 2004 Appeal filed Under Section 30 of Workmen's Compensation Act against the Order dated 11.12.2003 made in WC 67/03 on the file of the commissioner for workmen's compensation and Assistant Commissioner of Labour lll, Hyderabad . Between: United lndia lnsurance Company Ltd, rep, by its regional office, United lndia towers, lVth floor, Basheerbagh, Hyderabad. ...APPELLANT/OPP PARTY No.2 AND '1 . Sri B.Venkanna @ Venkaiah, S/o. Siddaiah ,aged 40 years,Driver rlo. 1-9-S4l1lA, Ramnagar, Hyderabad. R- '1 died LRs vide Saparatesheet CMP. NOi 4411 OF 2004 Between: 2. Sri A.V.Venkata Satyanarayana, s/o. A.V.Subba rao Business r/o. 49-1-43, Near KL Rao Bridge, Gunadala, Vijayawada. 3. B. Anasuya @ Anasuriya, W/o. Late B. Venkanna @ Venkaiah, aged about4T years, Occ Household Rt/o. C/o. Chintala Narayana, Mahatma Gandhi Road, Tathupally, Khammam District 4. S.arojini, Dlo.Latq B. Venkanna @ Venkaiah, aged about 25 years, Occ Household, Fl/o. C/o. Chintala Narayana, Mahaima Gandhi Rbad, Tathupally, Khammam Dis{rict. (RR 3 and 4 are brought on record as LRs of the deieaded R1 vide Court Order dated 06.07.2007, in CMAMP No.63'1 of 2007 in CMA No.629 of 2004). Sri B.Venkanna @ Venkaiah, S/o. Siddaiah ,aged 40 years,Driver rlo. 1-9-S4l1lA, Ramnagar, Hyderabad. ...PETITIONER/R-I in CMA 62912004 AND ...RESPONDENTS/opp party Petition under Section 151 CPC praying that in the circumstances stated in. the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the order in WC 67/03 dt.11-12-03 on the file of the commissioner for workmen's compensation and Assistant Commissioner of Labour lll, Hyderabad. CMP. NO: 5'130 OF 2004 1. United lndia lnsur, rnce Company Ltd, rep. by its regional office, United lndia towers, lvth floor, Basheerbagh, Hyderabad.. .RESPONDENT/PETITIONER in CN/A No.629/2004 2. Sri A.V.Venkata, Sa yanarayana, s/o. A.V.Subba rao Business r/o. 49-1-43, Near KL Rao Bridge, Gur adala, Vijayawada. ...RESPONDEN'T/ RESPONDENT Petition under Se:tion 151 CPC praying that in the circumstances stated in the affidavit filed in sup rort of the petition, the High Court may be pleased to pass order to vacate the inte im stay order granted in CMP.NO 4411l04 in CtUA.629/04, daled 25-2-2004, in the nterest of justice. Counsel for the Appella rt :SRl. NISARUDDIN AHMED JEDDY Counsel for the Respor dent No.3&4: J PRAMOD GOUO The Court made the foll rwing: ORDER 1 THE HON'BLE SMT. JUSTICE P. SREE SUDHA c. .A. a.629 ot 2004 ORDER: This oppeol is filed by the oppellont-United lndio lnsuronce Compony Limited ogoinst the order doied I l '12'2003 in W'C'No'67 of 2003 possed by the Commissioner for Workmen's Compensotion ond Assistoni Commissioner of Lobour-lll' Hyderobod (for short 'the Assislonl Commissioner' )' Thel,|responc]entherein,whowosemployedosodriverwith the2ndrespondent,me,iwlthonoccidenton0].04.2003ond susloined grievous iniuries' Afier considering the evidence on record, ihe Assistont Commissioner gronted compensolion of Rs.3,66,7141' olong wiih inlerest ot lhe rote of g% per onnum from the dote of occidenl. Aggrieved by the some' the United lndio lnsuronce Compony Llmiled preferred this oppeol' LeornedCoUnseloppeoringforlheoppellonthod conlended thot os per lhe medicol evidence' the disobiliiy wos ossessed oI 50%, but the Assisloni Commissloner ossessed ihe disobility ot 100%. AW'2 hod issued Ex'A-S-Disobilitv Certificote bosing on lhe clinicol ond rodiologicol exominotion Thus' ihe evidence of Aw.2 ond Ex'A-s ought to hove been ignored by the Assislont Commissioner' The loss of eorning copocily should not be more thon whot is ossessed in the cose of non-scheduled injuries' Thus, the Assistont Commissioner erred in colculoting the loss ot eornin g copocity of the cloimont ond owording excess comPe nsoiion. __--_- 2 As per the Memo doted 19'022004' the compensotion omount of Rs 3,66,714l- wos deposited under protest' Leorne J counsel for the oppellont hod relied upon the judgmeni oi this Courl in C M'A'No 626 ot 2OO4' wherein it wos observedttottheCommissioneroughtno,ttohoveossessedthe loss of eornir g copocity of the opplicont ot 100% ond oi the mosl' it con be toke n ot 50%. Leorn ]d counsel for the oppelloni furlher conlended tho.t in C.M.A.No.6 16 of 2004 the opplicont is o Cleoner' but in the present cose lhe o rplicont is o driver' As per the evidence of AW'2' the disobility ol ihe opplicont wos ossessed ot 50% on Mc Bride Scole ond it is sl :ted lhot the opplicont requires onolher operolion f or union of ti e frocture. He olso stoled thol il is nol possible for lhe opplicont o drive the vehicle in his resi of life He olso stoled thol the opplic :nt hos irreversible permonent functionol ond onoiomicol def icit. Adrrittedly, the cloimont wos o driver of the vehicle ond he sustoined 'frocture of shoft femur (left) ond olso loierol popletiol nerve porolysis, os o result of nerve porolysis' he hos o foot drop ond there is c shorlening of limb ond lhe octivities of doily living ore bodly ofl:cted becouse of lhe injuries susioined by him There ls no chonce or him to recover ond lo dischorge his duties os o driver os such. I herefore, the Assistont Commissioner hod ossessed the function :l disobility ot 'l OO% ond oworded compensolion of Rs.3,66,7 14/-. 3 Leorned counsel for lhe oppellont disputed Ex A-S-Disobllity Cerliflcote sloting thot the some wos issued by AW'2 bosing on the clinicol ond rodiologicol exominotion' This Court is of the considered view thol if ot oll the oppellonl is nol relying upon the evidence of AW.2 ond Ex'A-S, it oughi to hove token sleps for referring the cloimont to the Medicol Boord' but lt foiled to do so. Therefore, the orgument of the leorned counsel for the oppellont bef ore this Court regording the evidence of AW.2 ond Ex.A-S is nol tenoble. Therefore, lhere is no enor in ossessing the disobility sustoined by the cloimont ot 100% by fhe Assistonl Commissioner ond thus, this Court finds no reoson to inlerfere with ihe order doted 11.12.2003 in W'C'No'67 of 2003 possed by lhe Workmen's Compensotion ond Assislonl Commissioner of Lobour-lll, Hyderobod. Accordingly, ihe C.M.A. is dismissed' No cosis' Leorned counsel oppeoring for the respondenls hod contended thot during pendency of these proceedings' respondents 1 ond 3 died ond there is only sole dependoni i'e" the 4th respondent, who is the doughter of the deceosed' oged obout 25 yeors. ln view of the obove submission, the 4th respondenl is permitted to withdrow the entire omouni' No costs' Pending miscelloneous opplicotions' if ony' sholl siond closed' Sd/.K,SRINIVASA RAO JOINT REGISTRAR ,TRUE COPY// 6 SECTION OFFICER To 1 , The Commissioner for Workmen's Compensation and ASSistant Commissioner o, Cw Labour-l ll, HYderabad. I 2 ,) 4 5 K . One CC to Sri Niseruddin Ahmed Jeddy, Advocate (OpUC) . One CC to Sri J.F amod Goud, Advocate (OpUC) . Two CD Copies . One Spare Copy9 HIGH COURT DATED:0410112)22 ORDER CMA.No.629 cf 2004 c3 r r,E 5 i4;* Y 1A ii? ?"i,22 I I Dismissing tlte CMA no costs. o ?,oZ;---- '(_/ )