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2006 Supreme(MP) 42

P.K.JAISWAL
MUKESH KUMAR SHARMA – Appellant
Versus
RAMDUTT – Respondent


Advocates Appeared:
ARUN SHARMA, S.GAJENDRAGODKAR

P. K. JAISWAL, J.

( 1 ) THIS appeal is filed by the claimant for enhancement of compensation. Appellant in an accident suffered injury and his right foot was amputated. In this appeal other findings are not under challenge. Only question is about quantum of compensation.

( 2 ) AS regards the nature of injuries, Dr. S. N. Tripathi, AW 4, has deposed that when appellant was admitted in the hospital his right foot was amputated below knee. He was in shock. Dr. B. P, Purohit, aw 2 and Dr. N. L. Sharma, AW 3, have deposed that the right foot of the appellant below knee was amputated.

( 3 ) COUNSEL for the appellant submitted that if the right foot is amputated from below knee, loss of earning capacity will be around 100 per cent because appellant is a driver and now he cannot work as a driver. However, in this case amputation of right foot is from knee and below knee. Therefore, as per Part II of Workmen's compensation Act, loss of earning capacity will be reduced. Injured claimed that he was earning Rs. 3,900 by working as a driver and on the date of accident he was driving the offending vehicle bearing registration No. MP 07-G 0729, whereas in the cross-examination he very specificall




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