High Court dismissed an appeal against the Commissioner's award of Rs. 55,869 for workmen compensation. The court held that the Commissioner rightly determined 20% disability based on medical evidence and there was no need for interference.
The Civil Miscellaneous Appeal is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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[32s3 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA I ATHYDERABAD
WEDNESDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENry THREE
PRESENT
THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI
CIVIL MISCELLANE OUS APPEAL NO: 200 OF 2010
Appeal under Section 30 of Workmen Compensation Act dated 2O-1-2009 in File.No. D117812007 on the file of the Commissioner for Workmen Compensation-Cum-Joint Commissioner of Labour, Warangal
; Behnreen:
:. ...APPELLANT/APPLICANT
AND
...RESPONDENT/RESPONDENT
Counsel for the Appellant(s): SRl. S CHANDRASEKHAR
Counsel forthe Respondents 1 & 2: NONE APPEARED
Counsel for the Respondent No. 3: SRl. A. RAMAKRISHNA REDDY
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE M.G.PRTYA-DARSINI
Civil Miscellaneous Appeal No. 2OO OF 2O1O
ORDER:
Aggrieved by the order dated 20.Ol .2OO9 in File No. D 178/2007 passed by the Commissioner for Workmen's Compensation and Joint Commissioner of Labour, Warangal, the applicant hled the present appeal. By the impugned order, the Commissioner has awarded a compensation of Rs.55,869/to the applicant, who is the appellant herein.
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MG P,J CMA No. 200 o/ 2010
and uscd to contr-ibute his entire earnings for the welfare of the family. Due to the said impact, he suffered permanent disability and lost his earning capacity. Hence, the applicant has filed the application claiming compensation of Rs. 1,95,543/_ against the opposite parties, who are jointly and severally liable to pay the compensation
MGP,J CMA No. 200 of 2010
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MGP,J CMA No. 200 oJ 2010
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rightly awarded reasonable compensation and the same needs no interference by this Court
MCP,J CMA No. 200 oJ 2010
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sustained in the accident. It is pertinent to note that the applicant has received entire compensation of Rs.55,g69/_ awarded by the Commissioner vide order dated 20.O 1.2009 Furthermore, Ex.P.1, Medical certificate No.2O392/DHH/ltur IPGHB/2OO6 dated 18.02.2006 issued by A.p.Vydya Vidhana Parishad, clear\r discloses that the applicant suffered 2Oyo disability. Therefore, considering the same, on 2O.Ol.2OO9, the Commissioner has rightly awarded compensation of Rs.55,869/- by re-determining the loss of disability as 2Oo/o, which needs no interference by this Court.
1 I . Under these circumstalces, this Court is of the considered opinion tllat the learned counsel for the appellant lailed to substantiate any of tJre grounds to succeed in the present appeal and thereby this Civil Miscellaneous Appeal is liable to be dismissed.
There is no order as to costs.
Pending Miscellaneous applications, if any, shall stand
closed.
Sd/. K. SRIN]VASA RAO JO]NT REGIS
\
//TRUE COPY//
SECTION OFFICER
To,
2 One CC to SRI. S. CHANDRASEKHAR, Advocate IOPUCI 3! One CC to SRl. A. RAMAKRISHNA REDDY, Advocate [OPUC] 4 Two CD Copies +"----" t -,-
t HIGH COURT
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DISMISSING CMA..'. l
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3 issues framed by the court
Whether the Civil Miscellaneous Appeal filed against the Commissioner's award of Rs. 55,869/- due to lack of interference required.
Whether the Commissioner correctly determined disability at 20% and rejected the representation dated 01.05.2009 without prior notice.
Whether the appellant failed to substantiate grounds for higher compensation given existing medical evidence of 20% disability.
Dasari Ravinder
M/s. Showrya Services
The Management, India Burma Petroleum Ltd
The United India Insurance Company Limited
M.G. Priyadarsini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
