D PEDDI RAJU Vs. N YADAIAH
LAWS(APH)-2008-11-80
HIGH COURT OF ANDHRA PRADESH
Decided on November 19,2008

D PEDDI RAJU Appellant
VERSUS
N YADAIAH Respondents


Referred Judgements :-

RAJESH KUMAR ALIAS RAJU VS. YUDHVIR SINGH [REFERRED TO]
B SRIKANTHA REDDY VS. K MAHESH [REFERRED TO]


JUDGEMENT

- (1.)AGGRIEVED over the quantum of compensation awarded by the Commissioner for the Workmen's Compensation and Assistant Commissioner of Labour, Hyderabad-II, in W. C. No. 24 of 2002 on 16-7-2002, this appeal is filed by the applicant-injured workman.
(2.)THE brief facts of the case are as follows :
The appellant is the applicant in W. C. No. 24 of 2002. He was employed to work as a driver by the opposite Party No. l in his lorry bearing No. AP-28 T-5451. On 21. 1. 1996, while he was driving the lorry from Chintapally towards Hyderabad a tractor was coming in the opposite direction at Khanapur village without lights. Then, he applied sudden brakes in order to avoid hitting the opposite vehicle, as a result of which, the lorry turned turtle and in the resultant accident, the applicant sustained injuries to his right eye and right ear as the glass of the vehicle pierced into his face. He was shifted to the Government Hospital, Ibrahimpatnam and after first aid, he was advised to visit Sarojini Devi Eye Hospital where the doctors examined him and found that his right eye was completely damaged, so that he cannot drive the vehicle. In this connection, Manchal Police registered a case in Crime No. 13 of 1996 under Section 337 of IPC. The applicant was aged about 40 years at the time of the accident and was having a valid driving license. He was being paid Rs. 2,000.00 per month towards salary. Hence, he filed the application for compensation of Rs. 1,00,000.00 on the ground that he was permanently disabled in the said accident.

The 1st opposite party remained ex parte. The 2nd opposite party-Insurance Company filed a counter denying all the averments made by the applicant.

(3.)BEFORE the Commissioner, the applicant was examined as P. W. I and Exs. A. 1 to A. 10 were marked. On behalf of the respondents, no oral evidence was adduced. But, Ex. R-1 was marked.


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