Kerala Court July 1986 Judgments
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United India Insurance Coy Vs. Gangadharan Nair
Court: Kerala
Decided on: Jul-01-1986
Reported in: II(1987)ACC199; (1987)ILLJ448Ker
V. Sivaraman Nair, J.1. This appeal arises from the order of the Deputy Labour Commissioner, Kozhikode, in Workmens Compensation Case No. 11 of 1978. The applicant before 5 the Commissioner was an employee under the first respondent. While he was employed as driver in stage carriage bearing registration No. KLD 9329 on 24th November 1976, the vehicle met with an accident resulting in a fracture of both bones of his right leg. He claimed compensation of a sum of Rs. 32,340/-on the basis of his monthly wages, which were Rs. 775/-. The present appellant, the insurer and also the employer were respondents before the Commissioner. The only points raised by them before the Commissioner were that, (1) 'Whether the accident occurred due to the negligence of the applicant' and (2) 'what shall be the quantum of compensation payable to him, if the first point is answered in his favour.' No point of jurisdiction was raised by either of them before the Commissioner. The Commissioner held that there...
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