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VENKATA JYOTHIRMAI PRATAPA
National Insurance Company Limited – Appellant
Versus
Terri Tulasi Rao – Respondent
JUDGMENT :
This appeal is directed against the impugned order in W.C. No.20 of 2009 dated 12.04.2010 on the file of the Deputy Commissioner for Workmen’s Compensation Act and Deputy Commissioner of Labour, Eluru.
2. Appellant herein was the opposite party No.2. Respondent No.1 was the applicant and Respondent No.2 herein was the opposite party No.1, who is the owner of the vehicle for the sake of convenience, the parties will be referred as arrayed before the Commissioner.
3. Case of the applicant is that he was a lorry cleaner under opposite party No.1 and he sustained injuries in an accident occurred during the course of the employment, he seeks for a compensation of Rs.3,00,000/- for the injuries sustained.
4. The contention of the owner/Opposite Party No.1 is that the offending vehicle, lorry bearing No.AP 37 Y 6999 is insured with Opposite Party No.2 and the policy was in force at the time of accident and the Petitioner has been working as a cleaner of the said lorry for four (04) years. There is no liability to the owner and the insurance company has to pay the compensation sought for.
5. The attack of the insurance company over the claim of the applicant was that the claim is on
The assessment of disability in compensation cases must rely on credible medical evidence, and arbitrary increases in disability percentages are not permissible.
A disability certificate issued by a qualified medical professional suffices to establish loss of earning capacity, and factual findings of a compensation Commissioner are final if admissible evidenc....
The assessment of compensation under the Workmen’s Compensation Act depends on the impact of permanent disability on earning capacity, and the Insurance Company is not liable to pay interest unless t....
The central legal point established in the judgment is the requirement for reasoned orders and the consideration of functional disability, particularly in professions with specific physical demands.
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