Back
J. M. KHAZI
Rafiq Pasha – Appellant
Versus
G. Srinivasa – Respondent
JUDGMENT
1. Not being satisfied with the quantum of compensation granted vide the impugned Judgment and order dated 28.02.2013 in 5/2011 on the file of Labour Officer and Commissioner for Employees' Compensation (hereinafter referred to as 'CEC'), petitioner has come up with this appeal under Section 30 of Workmen's compensation Act, 1923 (hereinafter referred to as 'Act').
2. For the sake of convenience the parties are referred to by their rank before the CEC.
3. Petitioner filed the claim petition before the CEC under Section 22 of the Act, seeking compensation for the injuries sustained by him as driver of Goods canter vehicle bearing registration No.KA-02/AB-7322 (herein after referred to as offending vehicle), contending that the said injuries were sustained by him in an accident arising out of and in the course of employment of respondent No.1.
4. FACTS: Brief facts leading to the filing of the claim petition are that petitioner was working as a driver under respondent No.1 in the offending vehicle on salary of Rs.8,000/-p.m. The offending vehicle was covered by a valid policy issued by respondent No.2 covering the period from 03.10.2007 to 02.10.2008. On 01.04.2008, while he was
The main legal point established in the judgment is the calculation of compensation for permanent partial disability under the Workmen's Compensation Act, 1923, and the employer's liability to pay in....
The insurer under the Workmen’s Compensation Act cannot be held liable from the date of the accident if the claim is filed later, with compensation reflecting permanent functional disability assessed....
The assessment of disability in compensation cases must rely on credible medical evidence, and arbitrary increases in disability percentages are not permissible.
The central legal point established in the judgment is the interpretation and application of Sec. 3 of the Workmen's Compensation Act, emphasizing the essential ingredients for a successful compensat....
The court clarified that the assessment of permanent disability should consider the inability to continue in the profession due to injury, warranting revision of compensation calculations.
Total incapacity to perform work due to injury is deemed 100% functional disability, warranting full compensation under the Workmen's Compensation Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
