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1995 Supreme(Ker) 415

K.T.THOMAS, NELAVOY DHINAKAR
Venu – Appellant
Versus
Senen Fernandez – Respondent


JUDGMENT

N. Dhinakar, J.

1. The only contention that was raised in the M.F.A. before us is whether the Commissioner for Workmen's Compensation was right in accepting exhibit A 3 medical certificate, issued by the doctor wherein he certified that the disability suffered by the first respondent is 40 per cent. on account of an injury sustained by him, without examining the doctor who issued that certificate.

2. The first respondent was employed in the saw mill of the appellants and on October 4-10- 1989, at about 4 p.m. while the first respondent was doing his work, an accident occurred on account of which the left hand of the first respondent was caught under the saw machine which completely severed his left forearm. The respondent then was treated in the Medical College Hospital, Alappuzha, and the doctor who treated him has issued the medical certificate, exhibit A-3, which certified 40 per cent. disability on account of total ankylosis of wrist and finger joints and that there was total anaesthesis of the left hand. The certificate was to the effect that the injuries caused total disablement to the left hand of the respondent.

3. Counsel for the appellants relying on a Division Bench







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