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2010 Supreme(Kar) 1142

B.V.NAGARATHNA
Divisional Manager, New India Assurance Co. Ltd. – Appellant
Versus
Nagaraj – Respondent


Advocates:
Advocate Appeared:
Mr. M.S. Mandanna, for the Appellant
Mr. Suresh M. Lathur, for the Respondent

JUDGMENT

B.V. Nagarathna, J.— The insurance company has preferred this appeal by challenging the order passed by the Workmen's Compensation Commissioner in the case W.C.A. No. 23 of 2000 dated 28.4.2003 on the question of quantum of compensation.

2. The facts of the case leading to the filing of this appeal are that on 14.3.2000 the Respondent-claimant who was driving the auto bearing No. KA-03 1622 during the course of his employment sustained injuries. There were two fractures to his left leg. Contending that he had lost his earning capacity, he filed the claim petition seeking compensation under the Workmen's Compensation Act.

3. After service of notice from the court of the Workmen's Compensation Commissioner, the Appellant herein appeared and contested the matter.

4. On the basis of the evidence on record, the Workmen's Compensation Commissioner held that there was 100 per cent loss of earning capacity and accordingly, awarded compensation of Rs. 2,56,284 with interest at the rate of 12 per cent per annum from the date of petition till realization. The said award is challenged in this appeal.

5. I have heard the Learned Counsel for the Appellant and Learned Counsel for the Responde








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