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1997 Supreme(Ker) 77

K.G.BALAKRISHNAN, B.N.PATNAIK
Oriental Insurance Company Ltd. – Appellant
Versus
Asokan – Respondent


Judgment :-

Balakrishnan, J.

This is an appeal filed by the Oriental Insurance Company against the order dated 20.12.1995 passed by the Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Kozhikode in W.C. Case No. 320 of 1993. The respondent was a loading and unloading worker in Lorry KRD 2929 owned by one Basheer. On 29.1.1990 at about 11.15 A.M. while the respondent was engaged in work in the lorry, he fell down from the lorry. As a result of the accident, the respondent sustained injuries to his spine and neck. He alleged that his monthly wages was Rs. 1500/-. He claimed a compensation of Rs. 1,20,000/-.

2. The respondent was examined by the Commissioner and the medical certificates produced were also perused by the Commissioner. After considering the evidence on record, the Commissioner came to the conclusion that a sum of Rs. 1,87,182/- is to be paid as compensation. It is also stipulated that the said amount is to be paid within 30 days and in default the said amount will carry simple interest at the rate of 12% per annum from the date of filing of the application.

3. In the appeal, preferred by the Insurance Company, it is alleged that the Commissioner was no







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