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2008 Supreme(Gau) 728

BROJENDRA PRASAD KATAKEY
National Insurance Company Ltd. – Appellant
Versus
Bimal Nath – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: B.C. Das, Sanchita Roy and R.C. Paul, Advs.
For Respondents/Defendant: S. Senapati and K. Roychoudhury, Advs.

JUDGMENT

B.P. Katakey, J.

1. These appeals under Section 30 of the Workmen's Compensation Act, 1923 ('the Act') by the Insurance Company are directed against the orders passed, by the learned Commissioner, WC, Guwahati awarding compensation to the workmen-Respondents-under Section 4(1)(c)(ii) of the Act, for the personal injuries caused to them by an accident arising out of and in course of their employment.

2. All these three appeals were admitted for hearing vide order dated 5.1.2007 on the identical substantial questions of law:

(i) Whether the injuries sustained by the claimant not being one as specified in Schedule 1 Part-II of the Act and there being no evidence and finding at all to show that the alleged disablement of the claimant reduces his earning capacity in every employment which he was capable of undertaking at the time of accident, the learned Commissioner was justified in granting compensation in accordance with the provisions of Section 4(1)(c) of the Act?

(ii) Whether the medical practitioner having assessed the loss of earning capacity of the claimant at 30% without due regard to the percentage of loss of earning capacity in relation to the injuries specified in Sched























































































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