NEW INDIA ASSURANCE COMPANY LTD. Vs. SHRI ANWAR HUSSAIN
LAWS(JHAR)-2002-2-108
HIGH COURT OF JHARKHAND
Decided on February 08,2002

NEW INDIA ASSURANCE COMPANY LTD. Appellant
VERSUS
Shri Anwar Hussain Respondents

JUDGEMENT

- (1.) ANWAR Hussain, son of Abdul Razzaq, of village Farah, district Nawadah was employed as Cleaner of a Truck (WB -11 -7554). He was 35 years old was getting monthly salary of Rs. 1000/ -, when on 1.9.1999 he sustained injuries after the said truck met an accident. The said vehicle was insured with the New India Assurance Company Limited, at the relevant time.
(2.) IN Workmen Compensation Case No. 6 of 1996, filed by the said injured cleaner under the provisions of the Workmens Compensation Act, 1923, a sum of Rs. 78,824/ -was calculated as compensation amount payable to him. In course hearing of the case before the Workmen Compensation Commissioner, on 5,8,1998, a Medical Board under the Chairmanship of Civil Surgeon -Cum -Chief Medical Officer, Nawadah examined the claimant and found a case of traumatic deformity of his left lower limb and upper limb to the extent of 60%.
(3.) IN course of hearing the Presiding Officer of the court observed and found that both lower portion of left leg and upper portion of right leg of the claimant was affected and he was not able to perform any heavy work based on movement and specially work of cleaner of a motor vehicle. The Workmen Compensation Commissioner assessed loss of his working capacity to the extant of 80%.;


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