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2014 Supreme(Chh) 16

SANJAY K.AGRAWAL
Oriental Insurance Co. Ltd. – Appellant
Versus
Kunjram Sahu – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Sourabh Sharma, Advocate
For Respondents/Defendant:Santosh Yadu, Advocate

JUDGMENT

Sanjay K. Agrawal, J.

1. This is an insurer's appeal under Section 30(a) of the Employee's Compensation Act, 1923 (for short "the Act of 1923") against the order dated 15.04.2011 passed by Commissioner, Workmen's Compensation-cum-Labour Court, Rajnandgaon (for short "the Commissioner"), in case No. 42/W.C.Act/2008/non-fatal, thereby granting the application for compensation filed by respondent No. 1/claimant. The facts in nutshell, necessary for adjudication of the appeals, are as under:

(1.1.) Respondent No. 1/claimant filed an application under Section 10 of the Act of 1923 stating, inter alia, that on 05.11.2007 while, he was working, under the employment of respondent No. 2, suffered injury in his left eye and also lost vision of that eye thereof. It was further pleaded that he is a Turner by profession, earning Rs. 4,100/- per month and was aged about 46 years on the date of accident. As a result of the loss of vision of one eye, he suffered loss of earning capacity to the extent of 80% and, therefore, claimed a sum of Rs. 3,27,258/- as loss of future income along with penalty and interest.

(1.2.) The appellant/Insurance Company filed its written statement alleging breach







































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