NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE NO. 11 7TH FLOOR, UNITY BUILDINGS, J.C. ROAD, BANGALORE - 560002 Vs. N. SUBRAMANI @ SUBRAMANYA, S/O. SRI NARAYANAPPA, AJJAVARA POST, CHIKKABALLAPUR TALUK, KOLAR DISTRICT AND K. SHASHIKUMAR, S/O. M.

JUDGEMENT

(1.) THIS appeal by the Insurer is directed against the impugned judgment, and order dated 16/10/2006 passed in CWC:NFC:CR: NO. 24/03 on the file of the Labour Officer and Commissioner for Workmens' Compensation, Sub Division -1, Bannerghatta Road, Karmika Bhavan, Bangalore - 29 (hereinafter referred to as 'the Commissioner' for short), for consideration of the following substantial question of law: (i) Whether the Commissioner was right in considering disability at 75% in the absence of proper Medical evidence and documentary proof for a non scheduled injury as against the provisions of section 4(1)(C) of the Workmens Compensation Act?

(2.) BY its judgment and order, the Commissioner has awarded a sum of Rs. 3,62,988/ - with interest at 12% p.a., from 10.1.2003 till its deposit, on account of the injuries sustained by the claimant in the road traffic accident.

(3.) WE have heard the learned counsel appearing for Insurer and learned counsel appearing for claimant.