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2012 Supreme(Mad) 3701

ARUNA JAGADEESAN
Oriental Insurance Company Limited Chennai – Appellant
Versus
R. Mahalingam – Respondent


Advocates Appeared:
For the Appellant:R. Sivakumar, Advocate.
For the Respondents:R1, U.M. Ravichandran, Advocate.

Judgment :-

1. These Civil Miscellaneous Appeals are filed against the order dated 30.5.2003 made in WC.No.35/2002 by the Labour Deputy Commissioner-II for Workmen's Compensation, Chennai-6 by the Insurance Company and the claimant respectively.

2. The claimant, who is the Appellant in CMA.No.3087/2003, filed the above said claim petition, claiming a compensation of Rs.5 lakhs for the injuries sustained by him on 22.5.2001 at about 5.15 a.m., while he was driving the lorry bearing Reg.No.KA-01-A-3346 owned by the 1st Respondent in CMA.No.3087/2003 and insured with the Appellant Insurance Company. After conducting enquiry, with due notice to the opposite parties therein, the Labour Deputy Commissioner awarded a sum of Rs.2,99,491/-and directed the Insurance Company to deposit the award amount within a period of 30 days, in default, the amount would carry interest at 12 per cent p.a. from the date of the claim petition till the date of deposit.

3. The impugned award is assailed by the Appellant Insurance Company on the ground that the monthly wages taken by the Labour Deputy Commissioner at Rs.4000/-is erroneous and the loss of earning capacity fixed at 60 per cent by the Labour Deput


















































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