Case: Osmanali Chous Vs. New India Assurance Co. Ltd. and Ors

2. The Appellant approached the Commissioner, Workmens Compensation, Latur, Maharashtra for compensation in which it was held that he lost two toes of his left leg and that there were also burn injuries. The Appellant was a driver. By order dated 09.07.2012 the Commissioner, Workmens Compensation awarded compensation of Rs. 2,79,367/- with interest @ 12% per annum from the expiry of one month from the date of the accident till realization. The insurer, Respondent No. 1 herein, challenged the award before the High Court. The High Court as per the impugned order reduced the compensation to a meager sum of Rs. 83,664/-.

Reasoning: 4. Be that as it may, we have heard the learned Counsel for the Appellant and learned Counsel for Respondent No. 2, who is the owner of the vehicle. We also gone through the impugned judgment. We find absolutely no discussion as to the basis for reducing the compensation, On the contrary, the High Court has endorsed the findings of fact as recorded by the Commissioner, Workmens Compensation regarding the injuries. But, according to the High Court, it was not possible that the claimant has lost earning capacity by 100%. But that was not the views of the Commissioner, Workmens Compensation5. In that view of the matter, at paragraph 18, having regard to the functional disability (though that expression as such is not used by the Commissioner, Workmens Compensation), compensation was awarded and the computation details are available at paragraph 18, which reads as follows:18) While determining issues No. 1 to 3 and issue No. 5 it is observed that the applicant met to an accident during course of his employment with Respondent No. 1 having monthly wages of Rs. 4,000/- and at that time he was having age 46 years and both the Respondents are jointly and severally liable to pay the compensation. The monthly wages Rs. 4000/- equated to 60% and such wages Rs. 2400/- multiplied with relevant factor 166.29 with reference to age 46 years, and reduced equated with loss of earning capacity to the extent of 70%, the applicant is entitled for compensation to extent of Rs. 2,79,367/-6. Unfortunately, the High Court has not referred to any of these discussions while reducing the compensation to 1/3rd of what has been awarded by the Commissioner, Workmens Compensation. It may be seen that an appeal before the High Court against an award of the Commissioner, Workmens Compensation is only on a substantial question of law. We do not find that there was any substantial question of law raised by the Insurance Company either.