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2017 Supreme(Raj) 1238

ARUN BHANSALI
Lal Singh son of ram Singh Rajput – Appellant
Versus
Ram Singh son of Man Singh Rajput – Respondent


Advocates Appeared:
For the Appellant : Mr. Sandeep Saruparia
For the Respondents: Mr. Vipul Singhvi

JUDGMENT :

Arun Bhansali, J.

This appeal for enhancement of compensation is directed against the judgment dated 28.2.2001 passed by the Commissioner, Workmen Compensation Act, Rajasmand ('the Commissioner'), whereby the appellant has been awarded compensation to the tune of Rs.52,948/- along with interest @ 12% per annum from the date of accident.

2. The appellant filed application for compensation with the averments that he was engaged on the truck by respondent-Ram Singh as driver and was receiving salary @ Rs.2,500/- per month. The truck was plied by him from Kelwa to Kesariyaji for transporting Marbel Blocks and when he was returning back, the vehicle met with an accident resulting in the truck turning turtle on account of which, the appellant received grievous injuries and ultimately his right feet from below the knee was amputed. Based on the said averments, compensation to the tune of Rs.10,50,000/- was claimed.

3. The application was opposed by respondent No.2 - Insurance Company. The owner of the truck also filed his reply and submitted that liability, if any, is of the Insurance Company.

4. After hearing the parties, the Commissioner came to the conclusion that the accident oc

















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