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G. A. SANAP
Arun Rajaramji Helonde – Appellant
Versus
General Manager, Kalmeshwar Textile Mills – Respondent
JUDGMENT :
1. In this appeal, filed under Section 30 of the Workmens’ Compensation Act, 1923 (hereinafter referred to as “the Act of 1923” for short), the appellant/original claimant has challenged the judgment and award dated 16.04.2010 passed by the learned Commissioner under the Workmens’ Compensation Act and Judge, 1st Labour Court, Nagpur, whereby the claim filed by the appellant-claimant under Section 10 of the Act of 1923 for grant of compensation was partly allowed.
2. BACKGROUND FACTS :-
The appellant was working as a Cleaner in the Speed Form Department of respondent no.1-textile mill since 1985 on a salary of Rs.1,800/- per month. On 31.03.1995, while discharging his duties, the appellant met with an accident and suffered an injury to his backbone. He was initially treated by Dr. Potdar, who was the honorary Medical Officer of respondent no.1. The appellant was later on referred to Dr. Chandak, an Orthopaedic Surgeon for further examination and treatment. On his medical examination, Dr. Chandak found that the appellant suffered back compression fracture of L1 vertebral. The Doctor declared him unfit to perform his duty as a Cleaner in Speed Form Department of respondent no.
Total incapacity to perform work due to injury is deemed 100% functional disability, warranting full compensation under the Workmen's Compensation Act.
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 central legal point established in the judgment is the requirement for reasoned orders and the consideration of functional disability, particularly in professions with specific physical demands.
The central legal point established in the judgment is the statutory obligation of the employer to compensate injured employees under the Employees’ Compensation Act, 1923, and the liability to pay i....
Functional incapacity determines total disablement, overriding medical assessments if it incapacitates work ability.
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