NATIONAL INSURANCE CO LTD Vs. P G KANNAN

JUDGEMENT

(1.) THE appeal is filed by the insurance company under Section 30 of the Workmens Compensation Act, 1923, against the order dated 20.12.2004 passed in W.C.No.263 of 2004 on the file of the Commissioner for Workmen-s Compensation, Deputy commissioner of Labour (Commissioner for Workmen's Compensation), Salem.

(2.) WHEN the appeal came up on 15.04.2005, this Court has admitted the same, on the following substantial questions of law. 1) Whether the Lower Court has grossly erred in accepting the disability at 40% as assessed by P.W.2 contrary to the nature of injuries. 2) Whether the Lower Court has grossly erred in fixing the loss of earning power at 40% for injuries to the jaw which was to high as the disability would not impair the working capacity of the injured to such an extent?

(3.) THE learned counsel appearing for the claimants submitted that the Deputy Commissioner of Labour has considered all the facts and circumstances of the case and awarded just, fair and reasonable compensation. THErefore, the order passed by the Deputy Commissioner for Labour is in accordance with law and the same should be confirmed.