GANGARAM Vs. HARI OM ELECTRICALS AND ORS.

JUDGEMENT

(1.) This is an appeal under Section 30 of the Employee's Compensation Act, 1923 (henceforth 'the Act, 1923') by which the award dated 13-4-2007 passed by the Commissioner for Employee's Compensation, Labour Court, Rajnandgaon (henceforth 'the Commissioner') in Case No. 77/W.C. Act/2006 N.F. has been challenged by the claimant. Facts, in brief, are as under:

(2.) Shri Jitendra Gupta, learned counsel appearing for the appellant/claimant would submit that the appellant's both hands have been amputated below elbow. Loss of earning capacity would be 100% as the appellant has been rendered unfit to perform the job of a labour.

(3.) Smt. Chitra Shrivastava an Shri Ratan Pusty, learned counsel appearing for respondent No. 2/insurance company would support the impugned award submitting that the percentage of loss of earning capacity as recorded by the Commissioner on the basis of permanent disability suffered by the claimant is absolutely justified.