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1995 Supreme(AP) 625

S.R.NAYAK
New India Assurance Co. Ltd. – Appellant
Versus
Sammayya M. Shankar (Workman) – Respondent


S. R. NAYAK, J.

( 1 ) IN this appeal filed by the Insurance Company against the order, dated 22-5-1992 in W. C. No. 28 of 1991 on the file of Commissioner for Workmen s Compensation and Asst. Commissioner of Labour, Sangareddy (hereafter shortly referred to as the Commissioner ), awarding total compensation of Rs. 92,085-00 in favour of the first respondent-workman, in respect of an employment injury caused to him under the provisions of the Workmen s Compensation Act, 1927 (sic. 1923) (for short the Act ), a short but an important question of Law arises for consideration, the question being that whether it is a must for the Commissioner to insist upon the production of assessment of the loss of earning capacity by a qualified medical practitioner before he proceeds to compute the compensation payable to an inured-workman under the Act in the case of an injury, not specified in Schedule-I of the Act. This question arises for consideration in the back-drop of the following facts :- The first respondent was a driver employed by the 2nd respondent - firm, viz. , M/s. Sai Ceramics and Refractories, Kukatpally, Rangareddy district. When the first respondent-workman was driving the lo














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