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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
MUHAMMED SAKHARIYA – Appellant
Versus
ISMAIL – Respondent
| Table of Content |
|---|
| 1. injury during employment establishes grounds for compensation. (Para 2) |
| 2. disputes arise over percentage of disability and compensation calculation. (Para 3 , 6) |
| 3. appellate court tasked with reviewing tribunal's disability assessment. (Para 4) |
| 4. legal precedents support higher disability recognition based on occupation. (Para 5 , 7) |
| 5. court enforces revised compensation based on established occupational disability. (Para 8 , 9) |
JUDGMENT
This appeal arises out of the order passed by the Industrial Tribunal and Employees Compensation Commissioner, Kozhikode in E.C.C No.9 of 2022.
2. The brief facts necessary for disposal of the appeal are as follows:
The appellant herein is the applicant in E.C.C. No.9 of 2022.
He sustained injuries in an accident on 27.1.2021 at 4.45 p.m, while he was loading coconut shells to the lorry owned by the 1st respondent. The 2nd respondent is the insurer in respect of the vehicle owned by the 1st respondent. The Employees Compensation Commissioner (‘the commissioner’, for short) found that the appellant was a loading and unloading worker in the lorry under the first opposite party and an employee in terms of Section 2 (1)(dd) of the Emplo
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