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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
THE ORIENTAL INSURANCE CO.LTD. – Appellant
Versus
NOOR MOHAMMED S. – Respondent
| Table of Content |
|---|
| 1. basis of compensation claim due to workplace injury. (Para 1 , 2 , 3) |
| 2. court's acceptance of additional evidence based on justice. (Para 4 , 11 , 12 , 14 , 16) |
| 3. insurance policy exclusions impact liability for interest. (Para 5 , 10 , 18) |
| 4. clarification of contract interpretation principles in insurance. (Para 13 , 15 , 19) |
| 5. final modification of liability outcome for the appeal. (Para 20) |
JUDGMENT
The 3rd opposite party in WCC No.326 of 2003 of the Court of the Commissioner for Workmen’s Compensation has filed this appeal challenging the order passed by the Commissioner.
2. The 1st respondent herein filed the compensation case. According to him he was employed under the 3rd respondent as welder in connection with dismantling guarder work of an overbridge at Didarganj, New Patna, for the East Central Railway. While he was engaged in the work on 01.08.2002 at about 4.30 p.m. he fell from a height of 7 meters and sustained serious injuries. He was treated in various hospitals for a long time and in spite of the treatments availed he is now bedridden and his lower limb is totally paralysed. He has no sensation below T 9 region.
He sought compensation of Rs.10 lakh
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