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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
FRANCIS – Appellant
Versus
K.P.SASIDHARAN – Respondent
| Table of Content |
|---|
| 1. accident occurred during employment. (Para 2 , 3 , 4) |
| 2. arguments about compensation adequacy. (Para 6 , 7 , 8) |
| 3. need for reassessment of disability impact. (Para 9 , 10 , 11) |
| 4. final judgment on compensation adjustment. (Para 12) |
JUDGMENT
The applicant in WCC No.33 of 1996 on the files of the Court of the Commissioner for Workmen’s Compensation (Deputy Labour Commissioner), Kottayam, has filed this appeal seeking enhancement of compensation.
2. The appellant met with an accident on 18.03.1994 while driving a jeep owned by the 1st respondent. He sustained Type III B Open Fracture (L) leg both bone, lacerated wound over the fracture area and multiple abrasion on the forehead. Claiming that he sustained the injuries during the course of employment and the accident arose out of the employment, the applicant approached the Workmen’s Compensation Commissioner.
3. The 1st respondent, owner of the vehicle remained exparte before the Commissioner. The 2nd respondent, insurer entered appearance and disputed the claims by the appellant. The 2nd respondent challenged alleged employer – employee relationship, occurrence of the accident, claim regarding disability as also the m
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