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2019 Supreme(Raj) 1976

PUSHPENDRA SINGH BHATI
O. I. C. Ltd – Appellant
Versus
Gulab Singh – Respondent


Advocates Appeared:
Jagdish Vyas, Advocate

JUDGMENT

Pushpendra Singh Bhati, J. - This misc. appeal under Section 30 of the Workmen's Compensation Act, 1923 has been preferred by the appellantInsurance Company, claiming the following reliefs:

    "It is, therefore, most respectfully prayed that this appeal may kindly be allowed with costs and the impugned judgment & award dated 21.04.2007 passed by the learned Commissioner, Workmen's Compensation, Udaipur in W.C. Case No.21/2005 (ALC) may kindly be quashed and set aside. Any other order which is deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the appellant company."

    2. The matter pertains to loss of vision.

    3. Learned counsel for the appellant has raised the issue of computation of compensation made by the learned Authority below, while treating the disability beyond the disability percentage mentioned in the certificate.

    4. This Court has already decided the issue of treating the disability percentage more than the one shown in the medical certificate by the learned Authority in the case of The New India Assurance Co. Ltd. Vs. Chand Mohd. & Anr. (S.B. Civil Misc. Appeal No.753/2006), relevant portion whereof reads as under:

      "7. Hear

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