NEW INDIA ASSURANCE CO. LTD. Vs. TIPPESI

JUDGEMENT

(1.) All these Appeals arise out of the same accident against the common Judgement passed by the Commissioner for Workmen's Compensation, Sub-Division-1, Bellary, ('the Commissioner' for short). Hence, all the matters are heard together and disposed of by this common Judgement.

(2.) Briefly stated the facts are :

(3.) Learned Counsel for the Appellant/Insurer would contend that all the injuries sustained by the Claimants were simple in nature. The Doctor examined as PW 2, has assessed the Loss of Earning Capacity at 30% in the case of Anjineppa, Lalappa, Kenchappa and 25% in the case of Tippesi arbitrarily, not based on any material evidence. The standardised format of the Disability Certificate, not even bearing the date, issued by the Doctor ought not have been considered by the Commissioner as the basis to determine the Loss of Earning Capacity.