LAKHVINDER SINGH Vs. BALVIR SINGH

JUDGEMENT

(1.) This appeal under section 30 of the Workmen's Compensation Act has been filed by the appellant being aggrieved by the award dated 23.1.2004 passed by Commissioner for Workmen's Compensation, Labour Court, Jabalpur in Case No. 90/2000/W.C. Non-Fatal award-ing an amount of Rs. 88,402 commensurate to the disability, i.e., 40 per cent as per the certificate (Exh. P7) along with interest at the rate of 9 per cent if the amount has not been paid within the period of 45 days.

(2.) Mr. Chauhan, learned counsel for the appellant, contends that the injured was a driver and received injury during the course of employment having permanent disability to the extent of 40 per cent as opined by doctor but looking to the injuries he may not be able to perform the work in future which he was performing prior to accident, therefore treating it to be a case of 100 per cent disability the compensation may be awarded to the appellant. In addition to the aforesaid, it is urged that the interest leviable on the amount of compensation from the date of accident as per section 4-A of the Workmen's Compensation Act has not been awarded by the court below, therefore it may be ordered to be awarded in the light of the judgment of Supreme Court in the case of Oriental Insurance Co. Ltd. v. Siby George, 2012 ACJ 2126 ), as well as of this court in the case of National Insurance Co. Ltd. v. Ramesh Kumar Burman, 2011 ILR(MP) 3112.

(3.) Per contra, Ms. Ruprah, the learned counsel for the insurance company, contends that looking to the document, Exh. P7, and the finding of the Commissioner for Workmen's Compensation, it is clear that the injured has received 40 per cent disability to which compensation has rightly been awarded, however the argument advanced by the appellant treating it to be a case of 100 per cent disability is unfounded on the basis of the material available on record. On the point of interest, it is urged that the appellant has not claimed any interest before this court, therefore, he is not entitled to claim any interest.