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RAVI NATH TILHARI
Divisional Manager, M/s. United India Insurance Company Limited – Appellant
Versus
Harijana P. Israil – Respondent
| Table of Content |
|---|
| 1. factual basis of the accident and employment (Para 1 , 2 , 4) |
| 2. affirmation of employment and accident details (Para 5 , 6 , 7) |
| 3. details of the appeals filed by the parties (Para 10 , 11 , 12) |
| 4. arguments regarding the assessment of loss of earning capacity (Para 14 , 15 , 20 , 21) |
| 5. legal standards for determining compensation (Para 19 , 22 , 41) |
| 6. overarching principles regarding disability and earning capacity (Para 30 , 31 , 35 , 38) |
| 7. final judgment and directives for compliance (Para 59 , 61 , 62) |
JUDGMENT :
Ravi Nath Tilhari, J.
Sri Srinivasa Rao Katakamsetty, learned counsel for the appellant had completed his arguments on 17.06.2022, but Sri Koppula Gopal, the respondent's counsel did not appear even in the revised call. The matter was posted for 20.06.2022 for the arguments of the respondent's counsel. On 20.06.2022 also the respondent's counsel did not appear to argue the matter. The judgment was reserved.
2. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (in short "WC Act 1923") has been filed by M/s. United India Insurance Company Limited through its Divisional Manager (in short the "Insurance Company"), challenging the judgment an
Total incapacity to perform work due to injury is deemed 100% functional disability, warranting full compensation under the Workmen's Compensation Act.
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
Claimants entitled to interest at 12% from the date of the accident under the Workmen’s Compensation Act, ensuring fairness and adherence to beneficial legislation.
The court modified the interest rate on compensation to 12% per annum from the date of the accident, affirming the Commissioner's findings on disability.
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