LAWS(KER)-2012-6-359

ORIENTAL INSURANCE CO LTD Vs. RAJU

Decided On June 25, 2012
ORIENTAL INSURANCE CO. LTD Appellant
V/S
RAJU, S/O. ABRAHAM Respondents

JUDGEMENT

(1.) WE have heard the learned counsel for the appellant quite in extenso. None appears for the respondents.

(2.) THE claimant, while employed in a tractor, suffered injuries by a fall. He broke his ankle. The doctor assessed 20% loss of earning capacity. The doctor was an Orthopaedician. He is, therefore, a qualified medical practitioner to assess the loss of earning capacity. With the materials on record, the Commissioner was justified in relying on the testimony of the applicant, Raju, to hold that he was employed under the owner of the tractor and that he suffered injuries in the course of his employment. That issue has been decided on the basis of materials on record. We do not find any substantial question of law arising for decision thereon.

(3.) IN the result, this appeal is dismissed. No costs. Communicate to the Commissioner and the claimant.