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2004 Supreme(AP) 1322

L.NARASIMHA REDDY
GONA SIVASANKAR – Appellant
Versus
K. VARAPRASAD – Respondent


L. NARASIMHA REDDY, J.

( 1 ) IN all these appeals, filed under Section 30 of the Workmen s Compensation Act (for short the act ), common questions arise viz. , whether in the absence of any certification by the medical practitioner, as to the loss of earning capacity of an injured workman, it is competent for the commissioner under the act, to determine the same, and whether the difficulty or hardship arising out of an injury, can be said to have resulted in total loss of earning capacity.

( 2 ) C. M. A. Nos. 1396, 1615, 1642, 1643, 1984 and 2035 of 2002 are filed by workmen, employed on motor vehicles; whereas c. m. a. No. 2141 and c. m. a. sr. No. 7552 of 2002 are filed by the insurance companies, in relation to the claims covered by c. m. a. Nos. 1615 and 1984 of 2002. The appellants in the six appeals, referred to above, have been employed as drivers or cleaners, as the case may be, to work on the vehicles owned by various owners. All the vehicles are covered by insurance. They sustained injuries, of varying degrees, mostly to their limbs, in the accidents that have taken place on various dates. They submitted claims before the commissioner for workmen s compensation and assist






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