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NAJMI WAZIRI
Aalam – Appellant
Versus
Brijesh Shukla – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ravi Sabharwal.
For the Respondents: Shantha Devi Raman, Arihant Jain.

JUDGMENT :

NAJMI WAZIRI, J.

C.M. APPL. No. 43096/2019 (for delay)

1. For the reasons mentioned in the application, the delay is condoned.

2. The application stands disposed-off.

MAC. P.P. No. 804/2019 and C.M. APPL. No. 43097/2019

3. Issue notice.

4. The learned counsel named above accepts notice on behalf of the insurance company.

5. At joint request, the appeal is taken up for disposal.

6. The appellant impugns the award of compensation dated 08.02.2019 passed by the learned MACT in MACP No. 153/14, on the ground that for amputation resulting in 60% disability in the right lower limb of the appellant, the learned Tribunal has erred in considering the functional disability only upto 50%. The appellant was employed as a clerk in a transport company, his duties included maintenance of records of the goods being transported from one place to the other as well as accompanying the goods in the transporting vehicle. It is on one such trip that the unfortunate accident occurred and he suffered the amputation of his right lower limb.

7. The amputation was necessitated because the earlier two su

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