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1987 Supreme(Del) 113

S.B.WAD
KATAR SINGH – Appellant
Versus
REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPN – Respondent


Advocates Appeared:
D.N.GOBURDHAN, K.N.Kataria

S. B. Wad

( 1 ) THIS is an appeal arising out of an appellate order of the Employees Insurance Court dated 12. 9. 1985. The appeal arose out of the decision of the Medical Board in regard to the alleged disablement of Katar Singh. Katar Singh, who was working in Biria Cotton Spinning and Weaving Mills, Delhi, suffered fracture of third lumbar vertebra on account of the fall of an electric motor on him. The Medical Board under section 54-A assessed his disablement at 10%. He preferred an appeal to the Medical Appellate Tribunal and the Tribunal raised the disablement to 50%. The Appellate Tribunal held that the injuries suffered by Katar Singh on various parts of his body have rendered him substantially incapacitated. The Tribunal further held that Katar Singh was just a crippled person and he deserved maximum compensation and benefit permissible to him under the rules.

( 2 ) THE counsel for the appellant submits that although the Tribunal has held that the disablement benefits should be only 50%, the Tribunal has also opined that Katar Singh deserves maximum compensation and benefit permissible to him under the rules. His submission is that the Tribunal has in fact recommended 100%


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