JUDGEMENT
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(1.)This Civil Miscellaneous Appeal is filed being aggrieved by the Order and decree dated 24-4-1992 made in WC Case No.298 of 1989 of the Commissioner for Workmen's Compensation, Ranga Reddy District Zone, under which the Commissioner for Workmen's Compensation awarded a sum of Rs.43,382.00 towards compensation to the appellant on the basis of his age and directed the opposite party to remit the amount by way of DD.
(2.)The applicant filed the above case claiming compensation for the personal injury received by him due to the accident arising out of and in the course of his employment with the opposite party. The applicant was employed as production operator with the opposite party and while he was proceeding to the factory to attend to his duties in the first shift around 5.35 a.m. on 20-1-1989, he met with an accident near B.M.F. Belting company, Patancheru and as a result of which, he received fracture to Patela and left Fenural Condilla and sustained injury to knee and he was admitted in the NIMS. Therefore, he claimed Rs.43,694.00.
(3.)The opposite party in his counter denied the allegations made by the applicant in his application and contended that the cause of alleged accident is not within his knowledge. It is further stated that there were three persons riding on a motor cycle which met with an accident on 20-1-1989 and that the applicant was one Pillion riders, which is in violation of law relating to the traffic. It is further contended that there is no disability whatsoever, and therefore, the application is totally misconceived, and there is no loss of earning capacity to the applicant on account of alleged accident. Therefore, he prayed to dismiss the application.
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