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2024 Supreme(Online)(KER) 18359

HIGH COURT OF KERALA
C. PRATHEEP KUMAR, J
SURESH S – Appellant
Versus
ORIENTAL INSURANCE COMPANY LTD, – Respondent


JUDGEMENT

1. This appeal is filed by the applicant in ECC 379/2017 on the file of the Employees Compensation Commissioner, Thiruvananthapuram, as per order dated 27.5.2020, awarding a compensation of Rs.2,57,025/- along with interest at the rate of 12% per annum to the appellant/applicant.

2. The appellant herein filed the above application before the Employees Compensation Commissioner, claiming compensation on account of the injury sustained by him while working as paid driver of the autorickshaw bearing No.KL-01/AX 7463 owned by the 1st respondent in the claim petition. In the incident the appellant/applicant sustained fracture Calcaneum and fracture left fibula. After evaluating the available evidence, the Commissioner found that he is entitled to get a compensation of Rs.2,57,025/-. While arriving at the above amount, the Commissioner has taken the monthly income of the appellant as Rs.8000/- and also on the basis that the appellant sustained 30% loss of earning capacity.

3. In Ext.A5 disability certificate produced by the applicant, the disability of the appellant is shown as 45%. The Commissioner observed that the disability assessed was on higher side. The above finding o

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