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2011 Supreme(Ker) 224

A.K.BASHEER, P.Q.BARKATH ALI
New India Assurance Company Limited – Appellant
Versus
Santhosh K. A – Respondent


Advocates appeared:
For the Petitioner:Mathews Jacob (Sr.) Advocate.
For the Respondent:Joswin Thambi Kunnath, Advocate.

JUDGMENT

Basheer, J:

The short question that arises for consideration in this appeal is whether loss of vision in one eye of the driver of a transport vehicle can be reckoned as permanent total disablement as contemplated in Part I Schedule I of the Workmens' Compensation Act, 1923.

2. Appellant-Insurance Company had admittedly issued a policy cover in respect of the goods vehicle in which the respondent herein was employed as a driver. The vehicle in question had been converted as a tanker to carry inflammable and other hazardous materials. On the ill fated day, the respondent was engaged as the driver in the tanker lorry by its owner V.B.Gopinathan who was arrayed as opposite party No.1 in the claim petition before the Commissioner for Workmens' Compensation, Ernakulam. Sulphuric acid was brought in the tanker lorry to be unloaded at Fertilisers and Chemicals Travancore Ltd. (FACT). While the sulphuric acid was being unloaded, a few drops of the acid fell into the eyes of the respondent/ claimant, resulting in severe burn injuries. It is on record that ultimately respondent lost vision in his left eye. Respondent filed the claim petition before the Commissioner seeking compensati




















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