LAWS(KAR)-2010-9-102

DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD. BY ITS ASSISTANT MANAGER Vs. KUMAR S/O VENKATA SHEETY AND B.S. SUBRAMANYAM S/O NARAYANASWAMY

Decided On September 20, 2010
Divisional Manager, Oriental Insurance Co. Ltd. By Its Assistant Manager Appellant
V/S
Kumar S/O Venkata Sheety And B.S. Subramanyam S/O Narayanaswamy Respondents

JUDGEMENT

(1.) THE Appellant -Insurance Company has called in question the common award dated 15.05.2606 passed in Case No. WCA 100 and 101/2005 -06. Since these appeals arise out of the common award, the same are considered together and disposed of by this common judgment.

(2.) HEARD the learned Counsel for the parties and perused the appeal papers.

(3.) LEARNED Counsel for the claimants, however, seeks to justify the award passed by the Commissioner. It is contended that the Commissioner while considering this aspect of the matter has made detailed reference to the evidence tendered by the doctor. The doctor after noticing the nature of injuries has stated the disability, the Commissioner, in fact, has noticed the disability as stated by the doctor and has thereafter come to the conclusion that the loss of earning capacity would be to the extent of the disability stated, considering the nature of avocation of the claimant. Hence, it is contended that the award does not call for interference.