HIGH COURT OF KARNATAKA
HANCHATE SANJEEVKUMAR
ROYAL SUNDARAM GENERAL INSURANCE CO. LTD. – Appellant
Versus
KUMAR DAGADU PATIL – Respondent
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed is by the Insurance Company challenging the judgment and award dated 17.05.2012 passed in WC/SR No.67/2011 by the Labour Officer and Commissioner for Workmen’s Compensation, Sub-division-I Belagavi (hereinafter referred to as ‘the Trial Court’ for short) on the ground that being aggrieved by the quantum of compensation awarded, specifically the holding of 80% as permanent physical disability.
2. Also, the relationship of employer and employee between the claimant and respondent No.2, the occurrence of employment injuries out of and in the course of employment and coverage of insurance are not in dispute. The only grievance of the Insurance Company is that considering the nature of injuries sustained, the percentage of disability held at 80% by the Trial Court is on higher side. Therefore, prays for reduction of compensation by holding lesser percentage of permanent physical disability in accordance with the injuries sustained.
3. From the medical evidence on record, it is proved that the claimant had suffered following injuries: i. Comminuted, displaced fracture shaft femur-
right.
ii. Comminuted, d
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