MODEL FORMAT OF LEGAL
OPINION IN WC CASES
NAME ----------- ADDRESS-----,
ADVOCATE
---------------------------------------------------------------------------------------------------------
To dd/MM/YYYY
The manager,
------
insurance co.ltd.,
place.
Ref: WC/
EC /20, DCL, place.
(file number)
OPINION
The above mentioned
case has been filed by one ------ claiming compensation of a sum of Rs. --------/
for the injuries sustained by him in an accident, at --------- garbage
warehouse belonging to ------- corporation, when he was working as a cleaner in
L&T hitachi -140 which was insured with our insurance company at the time
of accident. After elloborate enquiry hon’ble judge was pleased to pass an
award of Rs. 4,32,422/ as compensation. The reasons given by the judge for
arriving the compensation is as follows:
There is no violation of policy
conditions in this case.
The petitioner was aged 19 years at
the time of accident, occupied as cleaner and thereby earning Rs.10,000/pm. The
relevant factor applicable is 225.22.According to minimum wages fixed by the
government his monthly wage is fixed at Rs.8000/. Partial permanent disability
fixed by the doctor is 40%. They have produced medical bills to the tune of Rs.72,716/,
but was not accepted by hon’ble judge.
Calculation
- RS.8000 x 60/100 x 40/100 x 225.22
= Rs.4,32,422/
The quantum of award is just and
reasonable and there is no need to prefer an appeal. The award may be satisfied
and a cheque may be drawn for the above amount along with interest at the rate
of 12%pa from the date of accident ( ---- ) till deposit in favour of deputy commissioner
of labour, place. My legal fees may also be sanctioned at the earliest.
Name.
ADVOCATE
Enclosure:
Order
copy
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