NATIONAL INSURANCE CO LTD Vs. G BOOPALAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the Insurance Company against the Award dated 29. 06. 2007 made in W. C. No. 431/2005 on the file of the Commissioner for Workmen's Compensation-2 Court/deputy Commissioner of Labour-2, D. M. S. Compound, Teynampet, Chennai-600 0006.

(2.) BACKGROUND facts in a nutshell are as follows:-

(3.) LEARNED counsel for the appellant / Insurance Company submitted that the Deputy Commissioner has failed to appreciate the materials placed before him in the proper perspective and committed a serious error while passing the award. It is also submitted that the Deputy Commissioner ought not to have taken the percentage of physical disability assessed by the Doctor for fixing the percentage of loss of earning capacity. It is also further submitted that the Deputy Commissioner failed to see that the injuries suffered by the claimant are not schedule injuries and the claimant had suffered fracture only on his right fore hand. It is also submitted that the Deputy Commissioner is wrong in assessing the disability at 50%.