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MANOJ MISRA, J
INDRA BAI – Appellant
Versus
ORIENTAL INSURANCE COMPANY LTD. – Respondent
| Table of Content |
|---|
| 1. appellant's employment and injury details. (Para 3 , 4 , 5 , 6) |
| 2. commissioner's findings on total disability. (Para 9 , 10 , 15) |
| 3. appellant's argument on the disability assessment. (Para 21 , 22 , 31) |
| 4. court's emphasis on functional incapacity. (Para 24 , 28) |
JUDGEMENT
MANOJ MISRA, J. 1. Leave granted.
2. This appeal assails the judgment and order of the High Court of Madhya Pradesh at Jabalpur (in short, “the High Court”), dated 31.10.2022, in Misc. Appeal No. 2369 of 2003, whereby the High Court partly allowed the appeal preferred by Oriental Insurance Company Ltd. (R-1 herein) against the order of the Workmen’s Compensation Commissioner/Labour Court, Jabalpur dated 03.09.2003 passed in Case No.134/2002/WC/Non- Fatal and, thereby, reduced the compensation awarded to the appellant from Rs.3,74,364/- to Rs.1,49,745.60/- by treating the permanent disability of the appellant as 40% in place of 100 %.
Digitally signed by Sanjay Kumar Date: 2023.07.17 16:27:13 IST Reason:
3. The appellant was employed as loading and unloading labourer with M/s. Simplex Concrete Company (R-2 here
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