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2022 Supreme(Bom) 355

SHRIKANT D.KULKARNI
Ashok Raybhan Kashide – Appellant
Versus
Shivaji S/o Parbatrao Dhale – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Pavankumar S. Agrawal, Advocate
For the Respondent:Mr. Suhas R. Sirsath, Mr. Vinodkumar R. Mundada, Advocate

JUDGMENT :

1. This appeal is directed against the impugned Judgment and award passed in NFA No. 24/2012 by the Civil Judge, Senior Division and Commissioner for Employees Compensation, Hingoli by taking aid of Section 23 of the Employees’ Compensation Act, 1923.

2. Brief facts giving rise to this appeal are as under :-

    (a) The appellant/original claimant was working as a labour on the vehicle/tempo bearing Registration No. MH-26-H-6590 owned by respondent No. 1. He was getting monthly salary of Rs. 6,000/- per month. The appellant along with other labours Bajirao Maske, Shaikh Rafik and Sandeep Ubale were discharging their duty on the vehicle on 04.04.2012 at 11.00 a.m. They went to Kabra Marbles, Hingoli. Arvind Wadkute was diving the vehicle. After loading the goods in the vehicle, they arrived at the house of one Mr Patil. The appellant along with other labours were unloading the goods. While unloading the goods, one sheet of granite fell down on the right leg of the appellant. The right leg of the appellant was fractured. Another labour Bajirao Maske also sustained fracture injury to his right hand. The appellant was taken to Naik Hospital at Hingoli. It was a crush injury to righ

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