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M. R. SHAH, KRISHNA MURARI
Suresh Paswan – Appellant
Versus
Kla Construction Technologies Pvt. Ltd. – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi in First Appeal No. 511 of 2016, by which the High Court has allowed the said appeal preferred by the respondent – employer and has set aside the order passed by the Commissioner, Employees’ Compensation awarding compensation of Rs.3,74,364/- to the appellant herein, the injured employee has preferred the present appeal.
2. That the appellant filed an application for compensation before the Commissioner, Employees’ Compensation. It was the case on behalf of the appellant that while he was working at the construction site under the respondent-employer, he fell down from the roof of the first floor and suffered grievous injuries, which resulted in 60% permanent disability. The appellant relied upon the disability certificate dated 13.09.2009 issued by Dr. Umesh Kumar Singh, Civil Surgeon-cum-Medical Officer, Gardiner Road Hospital, Patna certifying that the appellant sustained 60% disability, which was as a result of the accident. It appears that the respondent – employer disputed the disability certificate dated 13.09.2009 as well as his dis
The assessment of compensation for permanent disability under the Workmen's Compensation Act depends on the effect and impact of the disability on the claimant's earning capacity, and the Commissione....
Appeal under Employee’s Compensation Act entertainable only on substantial questions of law; Commissioner’s disability findings final on facts; full award deposit including interest mandatory for mai....
(1) It is functional disability and not just physical disability which is determining factor in assessing whether claimant-workman has incurred total disablement.(2) If disablement incurred in an acc....
Functional incapacity determines total disablement, overriding medical assessments if it incapacitates work ability.
The judgment emphasizes the necessity for courts to critically evaluate expert medical assessments in disability cases under welfare legislation.
Injury in course of employment – Taking type of disability into concern, just compensation should to awarded to person aggrieved – “Just Compensation” should include all elements that would go to pla....
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