On a perusal of the impugned award, it is seen that the injured claimant had produced
the medical documents (Exts.7 and 9 to 23) and the Disability Certificate issued by the C.D.M.
O., Jajpur (Ext.8), in support of the nature of injuries sustained by him in the accident and
the extent of disability suffered due to such injuries. The claimant examined the treating doc
tor (P.W.2), who had opined that being a driver by profession, the claimant has suffered physi
cal disability to the extent of 40%, which is permanent in nature and loss of earning capacity
of 80%. The Insurance Company though had taken a plea that the treating doctor (P.W.2) is no
t an Orthopaedic specialist, it has not taken any step to examine the claimant through their d
octor. Keeping in view the Disability Certificate produced by the claimant, the opinion of the
treating doctor (P.W.2) and the medical documents, the Commissioner has come to hold that the
claimant has lost his earning capacity, as a driver, to the extent of 80%.
As regard the plea that the injured claimant has renewed his driving licence after the
alleged accident, by declaring himself physically fit before the concerned licence granting a
uthority, no such plea appears to have been taken before the Commissioner and accordingly, no
finding has been recorded in that regard. Therefore, the appellant cannot be permitted to rais
e such a plea now for the first time at this belated stage.
Considering the submissions made and keeping in view the quantum of compensation amoun
t awarded and the basis on which the same has been arrived at, I feel, the interest of justice
would be best served, if the awarded compensation amount of Rs.4,13,338/- is modified and red
uced to Rs.2,50,000/- (rupees two lakh fifty thousand), which is payable to the claimant, on w
hich no interest is payable. The impugned award is modified to the said extent.
The Commissioner for Employees Compensation, Cuttack, is directed to disburse the modi
fied compensation amount of Rs.2,50,000/- along with the accrued interest thereon to the claim
ant on proper identification. The balance amount along with the accrued interest shall be refu
nded to the appellant-Insurance Company.
FAO is accordingly disposed of.
Issue urgent certified copy as per rules.
