Oriental Insurance Company Limited vs Pradeep Kumar and Others

Sudhir Narain, J.—This appeal is directed against the order of the Workmen''s Compensation Commissioner dated 15.9.2001 awarded a sum of Rs. 2,42,980/- as compensation.

The claimant-respondent filed claim petition before the Workmen''s Compensation Commissioner with the. allegations that he was working as a Conductor on vehicle No. UP-14/E-0975 which met with an accident near Modi Nagar due to which his left leg below middle thigh was amputated. He became disabled and was entitled to compensation.

The appellant contested the claim petition. The Workmen''s Compensation Commissioner found that the accident had taken place during the course of the employment and the claimant was entitled to compensation of a sum of Rs. 2,42,980/-, This order has been challenged in the present appeal by the Oriental Insurance Company Limited.

We have heard Mr. Arvind Kumar, learned Counsel for the appellant who submitted that left leg below middle thigh of claimant-respondent was amputated but that amounts to 50% disability under the provisions of Part II of Schedule I Item No. 19 of Workmen''s Compensation Act, 1923 which reads as under:

Amputation below middle thigh to (8.89 cms.) below knee 60%.

It is urged that the Workmen''s Compensation Commissioner wrongly took the disability as 100% and awarded compensation on that basis.

Admittedly, the claimant-respondent was working as Conductor of the Bus. His left leg below middle thigh has been amputated. Taking into consideration the entire facts and circumstances of the case, the compensation is to be awarded. The claimant-respondent has been awarded a sum of Rs. 2,42,980/- as compensation and we do not find that there is any manifest error in the impugned order passed by the Workmen''s Compensation Commissioner.

The appeal is, accordingly, dismissed.