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2021 Supreme(Kar) 258

P.KRISHNA BHAT
SHRISHAIL S/O. MALLAPPA GANIGER – Appellant
Versus
GIRISH S/O. SUBHAS DAVALESHWAR – Respondent


Advocates Appeared:
For the Appellant : SRI.HANAMANT R LATUR, ADV.
For the Respondent: SMT.VEEN HEGDE, ADV.

JUDGMENT :

Being dissatisfied with the quantum of compensation awarded by the learned Labour Officer and Commissioner for Workmen’s Compensation, Subdivision-1, Belgaum (for short, ‘Commissioner’) in WCA/SR No.53/2012 dated 9.05.2013 for the employment related injuries suffered by him, claimant has preferred this appeal under Section 30(1) of the Employee’s Compensation Act, 1923.

2. Brief facts are that the claimant was working as a driver in a tractor bearing registration No.KA.49/T5023 belonging to respondent No.1/Girish Subhash Dhavaleshwar (respondent No.1 before the Commissioner) and insured with respondent No.2-National insurance company Ltd.,. It is stated that as per the direction of respondent No.1, the claimant on 06.06.2011 was ploughing the land of respondent No.1 using the said tractor and at that time, the tractor capsized and fell on him and he suffered multiple fractures on his legs, hand, head and also injuries all over the body. It is further stated that he was shifted to Ganga surgical and fracture clinic hospital at Gokak wherein he was inpatient for a period of more than one month.

3. In the proceedings before the learned Commissioner, respondent No.1 appeared th

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