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2013 Supreme(Kar) 115

B.V.NAGARATHNA
Divisional Manager ICICI Lombardo General Insurance Co. Ltd. , Hubli, Now Rep. by its Manager Legal ICICI – Appellant
Versus
Mudiyappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant:S.K. Kayakamath, Advocate.
For the Respondents:Chandrashekar P. Patil, Advocate, R1, R2, Served & Unrepresented.

Judgment :-

The insurance company has filed this appeal, assailing the order dated 25.07.2007 passed by the Commissioner for Workmen's Compensation, Koppal, ("W.C.Commissioner" for short) in W.C.No.305/2005 on the point of liability.

2. It is not in dispute that the first respondent- claimant sustained injuries while he was performing his duties as a 'hamal' in respect of tractor-trailer bearing No.KA-37/T-8084 and 8085 on 23/06/2005.

3. It is the case of the first respondent-claimant that on 23/06/2005 while he was discharging his duties as a hamal/coolie in respect of the aforesaid tractor-trailer, while he was bringing a load of firewood to Koppal, when the said vehicle reached Chilavadagi Village, the driver of the tractor applied sudden brake to the tractor. As a result, the first respondent fell down and he sustained grievous injuries on his right hand and other parts of the body. He was shifted to the Government Hospital at Koppal, where he was given first-aid treatment and thereafter he was referred to KMC Hospital, Hubli, where he was an inpatient. Contending that he had sustained loss of earning capacity on account of permanent disability, he filed the claim petition befo




















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