United India Insurance Co. Ltd. vs Shri B. Jagadish @ Babu and Shri A. Ravi

V. Jagannathan, J.—Heard the learned Counsel for the appellant and none appears for the respondents.

This appeal is by the United India Insurance Co. Ltd., calling in question the assessment of earning capacity by the Commissioner for Workmen''s Compensation, Bangalore, while allowing the claim application filed by the respondent No. 1-claimant.

The accident is not in dispute so also the respondent No. 1 being an employee and met with the accident which arose out of and in the course of his employment. The only grievance of the appellant is that the Commissioner erred in taking the earning capacity loss at 100% when the doctor''s evidence itself is at 16% for the whole body. The further submission made is that even subsequent to the accident, the claimant has continued his licence renewal and licence was renewed from 29.11.2000 to 28.11.2003. Therefore, the Commissioner could not have taken the earning capacity loss at 100%.

In the light of the above submission made and on going through the order of the Commissioner, one does not find any discussion concerning the renewal licence by the claimant and therefore, I am of the view that matter requires remand to the Commissioner to reassess the earning capacity loss and at the same time, also taking into account the fact that the claimant having renewed his licence subsequent to the period of accident. The Commissioner is directed to dispose of the matter within three months from the date of this order''s receipt and both the parties shall cooperate in this regard. The Commissioner shall also take into consideration the Apex Court decision reported in 2009 AIR SCW 3717 Oriental Insurance Co. Ltd. v. Mohd. Nasir as regards award of interest is concerned. The amount in deposit be refunded to the appellant. The document filed namely certified copy of the driving licence of the claimant may also he produced before the Commissioner by the claimant and the same be returned to the appellant.