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1993 Supreme(Kar) 130

M.RAMAKRISHNA RAO, S.VENKATARAMAN
UNITED INDIA INSURANCE CO. LTD. , BIJAPUR – Appellant
Versus
KASHIMSAB – Respondent


Advocates:
G.S.Kannur, I.R.BIRADAR, O.MAHESH

M. RAMAKRISHNA, J.

( 1 ) THE appellant-insurer being aggrieved by the judgment and award dated 20-8-1992 made by the Commissioner for Workmen's Compensation, Bijapur, in case No. WC MSR. 46 of 1991 directing the appellant to make good the entire amount of compensation of Rs. 78,648/- awarded for the death of Isak in the accident involving the tempo bearing registration No. KA-28-423 belonging to yaseena Babusaba Nimbargi, respondent 6 herein, has come up with this appeal.

( 2 ) THE appellant has mainly taken the following four grounds to attack the judgment and award appealed against. (1) The Commissioner was not justified in holding that the claimants, respondents 1 to 5 herein, were the legal representatives of deceased Isak, though they failed to do so. (2) The deceased was earning only Rs. 300/- per month plus batta during his employment. But the Labour Court was in error in holding without considering properly the evidence on record that he was getting Rs. 600/- p. M. plus batta of Rs. 10/- per day. (3) The Commissioner has wrongly taken the age of the deceased as 24 years though it was on record that he was more than 30 years at the time of his death. (4) The deceased had a l























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