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2022 Supreme(Raj) 2838

ANOOP KUMAR DHAND
United India Insurance Company Limited – Appellant
Versus
Aas Mohammad – Respondent


Advocates Appeared:
Mr. Raj Pal Choudhary, Advocate, for the Appellant; Mr. Ritesh Jain, Advocate, for the Respondent.;

JUDGMENT

1. Instant appeal has been preferred by the appellantinsurance Company under Section 30 of the Workmen’s Compensation Act, 1923 [for short ’the Act of 1923] against the impugned judgment and award dated 30.09.2009 passed by the Court of learned Commissioner Workmen’s Compensation Act, 1923, Jaipur City, Jaipur (Raj.) (for short ’the learned Commissioner’) in claim case No. WCCNF 91/2005 by which the claim petition filed by the claimant-respondent has been allowed and the Insurance company was directed to pay compensation of Rs. 3,64,409/- to the claimant-respondent with interest @ 12% per annum with effect from the date of accident i.e. on 23.09.2005.

2. Learned Tribunal after framing the issues, evaluating the evidence on record and after hearing counsel for the parties, decided the claim petition of the claimant-respondent and awarded compensation to the tune of Rs.3,64,409/- under various heads in favour of the claimant-respondent.

3. Counsel for the appellant-insurance company submits that the injured has sustained only 36.7% permanent disability even then his permanent disability has been treated as 70% by the learned Commissioner for the purpose of determining the loss

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