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2010 Supreme(Raj) 417

DALIP SINGH
Oriental Insurance Company Limited – Appellant
Versus
Phool Singh – Respondent


Advocates Appeared
Om Prataksh Gupta, for Appellant-Company

Hon'ble SINGH, J.—Heard learned counsel for the appellant-company and perused the impugned award passed by the learned Tribunal.

2. The submission of the learned counsel for the appellant-company is that the learned Commissioner has erred in awarding compensation treating the disability as 50%, whereas in the Certificate issued by the Medical Board the disability of the injured-claimant was shown to be 10.67%.

3. In the instant case, the claimant suffered burn injuries by electrocution while putting the canvas covers on the truck on which he was employed as Khalasi. The burns on the back of the claimant and his body were considered to be 50% . As per the evidence brought on record the claimant has stated that he is unable to perform his duties as Khalasi, which was performing prior to the accident.

4. In that view of the matter, taking into consideration the judgment of the Larger Bench of the Hon'ble Supreme Court in the case of Pratap Narain Singh Deo vs. Shrinivas Sabata and Another, reported in 1976 A.C.J. Page 141, wherein the Hon'ble Supreme Court has held that the disability has to be taken into consideration with respect to the nature of work, which the injured was performing









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