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2003 Supreme(Kar) 998

H.RANGAVITTALACHAR, S.N.KUMAR, N.K.JAIN
SHIVALINGA SHIVANAGOWDA PATIL – Appellant
Versus
ERAPPA BASAPPA BHAVIHALA – Respondent


Advocates:
A.N.KRISHNA SWAMY, C.SHIVAKUMAR, Gangadhara Sangolli, N.S.Venugopal, O.Mahesh, R.JAIPRABOD, Suresh M.Lathur, T.C.SATHISH KUMAR

N. K. JAIN, C. J.

( 1 ) THIS reference has been placed before us as per the direction of the chief justice dated September 16, 2003. Initially, a learned single judge of this court referred mfa No. 27/1996 on November 10, 2000 to the division bench. The division bench had found that the conflicting decisions rendered by the co-ordinate benches of this court have led to a certain amount of confusion. The division bench in Divisional Manager, Ksrtc v. Bhimaiah 1976 2 klj 396 : 1977-ii-LLJ-531 (kant-db) held that the disability does not amount to total disablement, as the workman was capable of performing duties and executing works other than driving. Another division bench in National Insurance co. Ltd. V. R. Vishnu 1994-iii-llj (suppl)-635, upheld the Orderby which the commissioner had treated amputation of left leg of workman as total disability for awarding compensation. On the basis of these two division bench decisions, conflicting views have come on the point in other single bench decisions. Therefore, for a proper pronouncement on the point, these cases are referred to full bench vide Orderdated August 29, 2003.

( 2 ) THE necessary facts leading to this reference are a few and



























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