S.Babu Rao v. K.Vani

HON’BLE SRI JUSTICE D.V.S.S. SOMAYAJULU

C.M.A.No.301 of 2006

JUDGMENT :

This appeal is filed by a workman against the orders dated 10.11.2005 in W.C.No.75 of 2004 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour-1 Circle, Guntur.

The brief averments of the claim petition are that the applicant was working as a driver in lorry bearing No.AP-7X4055 belonging to the first respondent herein. He states that an accident occurred on 26.09.2004 in the course of his employment. He was paid wages of a sum of Rs.4,000/- per month. He is totally disabled and unfit for driving and he, therefore, claims compensation for Rs.4,00,000/- with interest etc.

The first opposite party filed counter denying the wages, but he admits the employer and employee relationship. The second opposite party/insurance company denied the entire accident and also denied that there is an employer and employee relationship. The claim for compensation was also denied.

The applicant was examined as AW.1 and Exs.A.1 to A.4 were marked. He states that he worked under first opposite party as a driver for six months prior to the accident, but he did not file any specific proof to show that he was working with wages of Rs.4,000/- per month.

2

Medical record in this case also reveals that two doctors were examined as AW.2 and AW.3. AW.2 deposed that as a result of the fracture of pubic bone of the applicant the urinary passage tube was also injured. He also deposed that the applicant has to undergo prolonged treatment under him and was undergoing treatment even on the date of the deposition. According to this Doctor, the disability is 30 to 40%.