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1991 Supreme(Kar) 119

K.J.SHETTY, M.RAMA JOIS
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
R. VISHNU – Respondent


Advocates:
H.G.RAMESH, K.K.VASANT, K.PRABHAKARA REDDY

RAMA JOTS, J.

( 1 ) IN this appeal presented under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'act'), the following three questions of law arise for consideration:-1. Whether the objection that the workmen's Compensation Commissioner, bangalore, had no jurisdiction to entertain the claim arising out of personal injury suffered by the first respondent in a motor accident which occurred at Nasik in the State of maharashtra could be permitted to be raised in the appeal for the first time and whether the order of the Commissioner is liable to be set aside on such objections?

( 2 ) WHETHER the Workmen's Compensation Commissioner has no jurisdiction to award compensation higher than what is asked in a claim petition presented under section 10 of the Act even though according to law the claimant is entitled to a higher rate of compensation?

( 3 ) WHETHER the extent of permanent disability suffered as specified in the Schedule to the Act is a bar for pleading and proving that actually the concerned employee had suffered higher percentage of, or total, disability?2. The brief facts of the case are these: - the first respondent was employed as a driver o












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