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2007 Supreme(Kar) 545

RAM MOHAN REDDY
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
RAMA – Respondent


Advocates appearing for:
Appellant: Sri O. Mahesh and Sme. Veena O. Mahesh, Advs.
Respondent: Sri Suresh M. Latur, Adv.

JUDGMENT

Ram Mohan Reddy, J.

The Insurance Company has preferred this appeal under Section 30(1) of the Workmen’s Compensation Act, 1923 (for short, ‘the Act), aggrieved by the order/award dated 30th September, 2002 of the Commissioner for Workmen’s Compensation, Bangalore Sub-Division No.2, Bangalore, in Case No. WCIIB-21.S.S.C/CR-131/2000, insofar as it relates to the quantum of compensation.

2. The 1st respondent employed as a driver by the 2nd respondent, the owner of the motor vehicle bearing lorry Registration Certificate No. KA-02-6688 and insured by the appellant, in the course of employment, met with motor vehicle accident involving the insured vehicle on 6-10-2000 and sustained grievous injury in the nature of crush injury to the right limb from knee to the foot. The 1st respondent claimed Rs. 4,00,000/- as compensation which was adjudicated by the Commissioner under the Act.

3. The petition was not opposed by the owner of the vehicle but was opposed by the appellant-insurer. In order to prove the nature of the injury sustained and the alleged loss of earning capacity, the 1st respondent examined a doctor by name S.N. Patil, as a witness. This witness deposed that the per




















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