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2003 Supreme(All) 571

D.P.GUPTA, S.P.SRIVASTAVA
NEW INDIA ASSURANCE CO. LTD – Appellant
Versus
MOHD. ASLAM AND ANOTHER – Respondent


S. P. SRIVASTAVA, J.

( 1 ) HEARD the learned counsel for the insurer appellant. The appellant has filed the present appeal under Section 30 of the Workmens compensation Act feeling aggrieved by the award of the Workmens Compensation commissioner determining an amount of Rs. 1,80,055/- as compensation to which the injured workman was found entitled to on account of his having suffered grievous injuries resulting in permanent disablement while engaged as a driver of the offending motor vehicle holding further that the accident has actually arisen out of and in the course of the employment of the injured workman.

( 2 ) IT may be noticed that in support of his claim, the injured workman had examined himself as a witness and has placed reliance upon the various documentary evidences including the injury report and the X-ray report. He had also stated that he continued to remain under treatment for a period of eight months on account of the grievous injuries which he had suffered on his right hand which had been fractured at three places and could not be moved efficiently. On the date his deposition was recorded, it was asserted that he could not turn his right hand properly and he was u












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