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2007 Supreme(SC) 109

ARIJIT PASAYAT, S.H.KAPADIA
National Insurance Co. LTD. – Appellant
Versus
Mubasir Ahmed – Respondent


JUDGMENT

Dr. Arijit Pasayat, J.—Challenge in these appeals is to the judgment rendered in each case by learned Single Judge of the Andhra Pradesh High Court. Respondent no.1 in each case was working as employee of respondent no.2. Each of them filed a claim petition under Section 22 of the Workmen’s Compensation Act, 1923 (in short the ‘Act’) claiming compensation for alleged personal injuries sustained in course of employment. In each case the claimant claimed to be either a labour or cleaner or driver of the vehicle which was involved in the accident. While respondent no.1 in Civil Appeal No. 5625 of 2006 claimed to be driver of the vehicle No. APJ-1907, the respondent no.1 in Civil Appeal No.5623 of 2006 claimed to be the cleaner of the vehicle. Respondent no.1 in Civil Appeal No. 5624 claimed to be employed in a different vehicle. The claim petitions were adjudicated by the Commissioner for Workmens’ Compensation and Assistant Commissioner of Labour, Nizamabad (hereinafter referred to as the ‘Commissioner’).

2. In order to prove the nature of injuries sustained and the alleged loss of earning capacity, a doctor was examined as witness. The doctor who was examined, indicated th











































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