CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Oriental Insurance Co. Ltd. v. Kunjram Sahu and Another
| Table of Content |
|---|
| 1. insurer's appeal regarding compensation for injury. (Para 1 , 2) |
| 2. arguments for adjustment of compensation based on claimed earning capacity. (Para 4 , 5) |
| 3. court’s observation on statutory interpretation for worker benefits. (Para 6 , 7 , 8 , 10 , 11 , 12) |
| 4. ruling confirming 70% loss of earning capacity. (Para 25) |
| 5. final judgment on appeal dismissal. (Para 26) |
1. This is an insurer's appeal under S.30 (1) (a) of the Employee's Compensation Act , 1923 (for short 'the Act of 1923') against the order dated 15.4.2011 passed by Commissioner, Workmen's Compensation - cum - Labour Court, Rajnandgaon (for short 'the Commissioner'), in Case No. 42 / W.C. Act / 2008 / non - fatal, thereby granting the application for compensation filed by the claimant - respondent No. 1.
2. The facts in nutshell, necessary for adjudication of the appeal, are as under:
2.1. Claimant - respondent No. 1 filed an application under S.10 of the Act of 1923 stating, inter alia, that on 5.11.2007 while he was working under the employment of respondent No. 2, he suffered injury in his left eye and also lost vision of that eye. It was further pleaded that he is a Turner by profession, earning Rs.
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