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2016 Supreme(Bom) 1330

SHALINI PHANSALKAR JOSHI
United India Insurance Co. Ltd. – Appellant
Versus
Jagdish Madhukar Patil – Respondent


Advocates Appeared:
For the Appellant : Mr. Mehta i/b KMC Legal Venture.
For the Respondent: Mrs. Rina Kundu.

JUDGMENT :

1. Admit.

2. This appeal is heard finally at the stage of admission as the issue involved in this appeal is very short one.

3. This appeal takes an exception to the Judgment and Award passed by the Commissioner for Workmen's Compensation and Judge, Labour Court, Thane in Application (WCA) No. 491/C-133 of 2011.

4. The appellant is the original respondent No.2-Insurance Company. The said application was preferred by the present respondent No.1-claimant seeking compensation on account of the injuries sustained in the accident involving an Auto Rikshaw No. MH-04 E-1376 belonging to respondent No.1. As per the claimant, on 27.12.2009, while he was working as a driver on the said rikshaw, the offending vehicle bearing No. MH-04 BB-5043 came from opposite direction and gave dash to his rikshaw. As a result, he sustained fracture to his right leg and he is unable to continue his work as rikshaw driver. It is further his case that he has sustained 48% permanent partial disability and 100% work disability. At the time of the accident his age was 44 years and he was getting monthly salary of Rs.4,000/-. He has accordingly claimed the compensation of Rs.7,80,876/- with interest thereon








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