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1993 Supreme(Kar) 232

D.P.HIREMATH, N.D.V.BHATT
KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE – Appellant
Versus
B. T. SOMASHEKARAIAH – Respondent


Advocates:
G.N.Vijayalaxmi, S.P.SHANKAR

D. P. HIREMATH, J.

( 1 ) HEARD. The award of the Commissioner is challenged by the appellant-K. S. R. T. C. contending that the Commissioner has committed an error in awarding the compensation that he has awarded ignoring the fact that the respondent-workman did accept Rs. 6,635/- offered by the appellant and at any rate, the commissioner ought to have considered the fact that the workman still continues in service and has not suffered any loss in income or loss of service.

( 2 ) THE workman has filed cross-objections contending that the award made by the Commissioner is not adequate and that he is entitled to compensation treating the injuries suffered by him as a total disability. Brief facts for the purpose of disposal of this appeal are, that the workman-respondent, a driver under the appellant-KS. R. T. C. was driving the vehicle on 26-12-91 from tiptur to Bullegatta and at about 6. 00 p. m. when the driver sighted another vehicle coming opposite to him, he had to swerve it to the left side and at that time, the door near the driver's seat got itself opened and while closing it by stretching his hand, he got his thumb cut-off by one inch. The cut portion was not traced. The le







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