The appellant – claimant was a cleaner working on lorry No. AP 7W 1157 owned by opposite party No.1 and insured by opposite party No.2. He is said to have suffered an accident on 15.06.2000, when the said lorry turned turtle, due to the rash and negligent driving regarding which Crime No.33 of 2000 was registered by the Station House Officer, Harrai Police Station, Madhya Pradesh. The claimant alleged that he was 50 years, and was getting Rs.2,500/- p.m. as wages and has since become disabled and unfit to work. He, therefore, sought for a compensation of Rs.2.00 lakhs. The claimant examined himself as PW.1 apart from the doctor as AW.2 and marked the Insurance policy, First Information Report and Seizure memo as Exs.A.1 to A.5, while no evidence was led by the opposite parties. The Commissioner examined the claim, with reference to the evidence adduced, particularly, that of AW.2, the doctor, who certified that the permanent disability suffered by the claimant was 40% and was unfit to work as a lorry cleaner. The Commissioner, therefore, assessed the loss of earning capacity of the claimant at 60% and, taking the earnings of the claimant as per G.O.Ms.No.71 dated 16.04.1991 at Rs.1,575/-, awarded compensation of Rs.86,802/-. As stated above, to the extent of the disallowed claim, this appeal is filed.
