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1991 Supreme(AP) 368

V.NEELADRI RAO
National Insurance Co. Ltd. – Appellant
Versus
Mohd. Saleem Khan – Respondent


V. NEELADRI RAO, J.

( 1 ) R-2 in W. C. No. 49/87 on the file of the Commissioner for Workmen s Compensation, Rangareddy District Zone, is the appellant. This appeal was filed under Sec. 30, Workmen s Compensation Act (for short the Act )

( 2 ) R-1 herein (applicant in W. C. 49/87) was employed as truck driver on Truck No. ABT 2337 by R. 2 herein. When the said truck was driven on 10/05/1986 by the first driver, it collided with the lorry coming in the opposite direction and then R-1 herein who was on duty as second driver in the above truck and who was sleeping at the time of the accident, received multiple compound injuries on both feet and collar bone. Dr. S. C. Reddy, Civil Surgeon, Orthopedics, Osmania General Hospital Hyderabad, certified that in view of the injuries sustained by R-1 herein, permanent physical impairment and loss of physical function is 50%. He also stated that R-1 herein is not fit to drive any heavy vehicle.

( 3 ) THE lower Tribunal awarded compensation on the basis that it is a case of permanent total disablement.

( 4 ) IT was contended for the appellant that when Doctor found that the disability was only to an extent of 50%, the Lower Tribunal erred in awar



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