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2022 Supreme(Online)(Bom) 72

HIGH COURT OF BOMBAY
SHRIKANT D. KULKARNI, J
Ashok Raybhan Kashide – Appellant
Versus
Shivaji S/o Parbatrao Dhale – Respondent


Advocates:
For the Appellants/Petitioners: Mr Pavankumar S. Agrawal
For the Respondents: Mr Suhas R. Sirsath, Mr Vinodkumar R. Mundada

Table of Content
1. detailed recount of the incident and immediate consequences. (Para 2 , 3)
2. arguments regarding the assessment of loss of earning capacity. (Para 4 , 5 , 6)
3. court's evaluation of disability assessment challenges and ruling. (Para 10 , 11 , 12)
4. final assessment of compensation and interest adjustments based on legal precedents. (Para 16 , 19)

JUDGMENT :

1. This appeal is directed against the impugned Judgment and award passed in NFA No. 24/2012 by the Civil Judge, Senior Division and Commissioner for Employees Compensation, Hingoli by taking aid of Section 23 of the Employees’ Compensation Act, 1923.

2. Brief facts giving rise to this appeal are as under :-

(a) The appellant/original claimant was working as a labour on the vehicle/tempo bearing Registration No. MH-26-H-6590 owned by respondent No. 1. He was getting monthly salary of Rs. 6,000/- per month. The appellant along with other labours Bajirao Maske, Shaikh Rafik and Sandeep Ubale were discharging their duty on the vehicle on 04.04.2012 at 11.00 a.m. They went to Kabra Marbles, Hingoli. Arvind Wadkute was diving the vehicle. After loading the goods in the vehicle, they arrived at the house of one Mr Patil.

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