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SUDHANSHU DHULIA, K. VINOD CHANDRAN
Kamal Dev Prasad – Appellant
Versus
Mahesh Forge – Respondent
JUDGMENT :
K.VINOD CHANDRAN, J.
1. Leave granted.
2. The appeal is filed against the reduction of the disability as per the Employees’ Compensation Act, 1923 (as it is presently named). The Commissioner under the Act allowed 100% disability and adopted the factor of 213.57 thus determining the total compensation to be Rs. 3,20,355/-. The Commissioner also awarded 12% interest from the date of accident and 50% penalty i.e. Rs. 1,60,178/- for reason of the employer having not paid the compensation within one month from the accident. The employer filed an appeal, the order in which is impugned herein by the employee.
3. The only contention taken is that Part II of Schedule I of the Act lists out the injuries and the percentage of loss of earning capacity is statutorily determined. The appellant is entitled to only 34% was the contention of the employer which was accepted by the High Court.
4. We heard learned counsel, Ms. Vidya Vijaysinh Pawar appearing for the appellant employee and learned counsel, Mr. Amol Chitale appearing for the respondent employer.
5. The appellant was an employee from 05.04.2002 and at the relevant time was engaged to operate a forging machine. The employee was also
Injury suffered in course of employment – When more than one injury is caused in same accident amount of compensation payable under the Act shall be aggregated, but not to the extent of such aggregat....
Workmen Compensation - Loss of earning capacity - Functional disability caused on account of permanent disabiiity caused to a workman in employment related accident is also a determining factor and C....
The principle established is that the loss of earning capacity due to specific injuries is to be assessed based on designated schedules within the Employees Compensation Act.
Compensation for employment injuries must adhere to percentage of loss established in the statutory schedule.
The court emphasized the requirement for assessment of loss of earning capacity by a qualified medical practitioner as provided under Section 4(1)(c)(ii) of the Workmen's Compensation Act, 1923.
The central legal point established in the judgment is the importance of accurately assessing loss of earning capacity and disability in determining compensation under the Workmen's Compensation Act.
The central legal point established in the judgment is that the assessment of compensation under the Employee’s Compensation Act should consider the nature of work the employee was capable of perform....
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