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1998 Supreme(Kar) 245

EXECUTIVE ENGINEER (ELECTRICAL), KARNATAKA ELECTRICITY BOARD, HUBLI – Appellant
Versus
HAJARAT ALI MAILASAB – Respondent


Advocates:
B.C.PRABHAKAR, C.S.KOTHAVALE

B. PADMARAJ, J.

( 1 ) THIS appeal has been preferred by the two appellants, namely, the Executive Engineer and the Superintendent Engineer, Karnataka Electricity Board, Hubli, under Section 30 of the Workmen's Compensation act, challenging the order dated 29-02-1996 passed by the Commissioner for Workmen's Compensation, Hubli, in case No. WCA/nf 30 of 1989. Brief relevant facts of the case are the following.

( 2 ) THE 1st respondent was working as a cleaner in the establishment of the appellants. He was placed incharge of the duties of a driver at the relevant point of time. On 19-08-1988 at about 8. 15 p. m. , the Jeep which the 1st respondent was driving, met with an accident at Shadambi cross, on the P. B. Road, while returning from Shiggaon. Due to the accident, the 1st respondent/driver sustained fracture in his right leg and some other injuries on his face. He was admitted for treatment to the K. M. C. Hospital, Hubli and was discharged after treatment on 21-11-1988. Subsequently, the 1st respondent filed an application claiming compensation under the Workmen's Compensation Act. The appellants submitted a statement of objections disowning any responsibility for payment of comp















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