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2009 Supreme(SC) 1573

D.K.JAIN, H.L.DATTU
S. Suresh – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates appeared:
For the Appellant :V.N. Raghupathy, Advocate.

Judgment :

Leave granted.

2. Challenge in this appeal is to the judgment and order dated 23rd July, 2007 rendered by a Division Bench of the Karnataka High Court, whereby the principal amount of compensation of Rs. 5,20,584/-, awarded by the Commissioner for Workmens Compensation (for short, "the Commissioner") has been reduced to Rs. 2,60,292/-.

3. The appellant, hereinafter referred to as, "the claimant", was a lorry driver. On 26th September, 2002, while driving the vehicle, he met with an accident near Ganesh Garage on Bangalore – Mangalore Road. He lost control of the vehicle and it overturned on the right side of the road. As a result of the accident, the claimant suffered serious injuries to his right leg; on the head and other parts of the body. Although he survived but ultimately his right leg had to be completely amputed just below the knee.

4. The claimant filed a claim petition before the Commissioner praying for adequate compensation. It was pleaded that as he was 25 years of age; earning Rs. 4,000/- per month with daily allowance of Rs. 100/-; had suffered permanent disability, which would prevent him from engaging in the job of driver which he used to do earlier, he w









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