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SANJAY KUMAR MEDHI
Oriental Insurance Co. Ltd. – Appellant
Versus
Md. Najar Ali @ Nasar Ali, S/o Md. Haji Abdul Rahim – Respondent
JUDGMENT :
The instant appeal has been preferred under section 30 of The Workmen’s Compensation Act, 1923 (presently Employee’s Compensation Act, 1923) against a judgment and award dated 07.09.2006 passed by the learned Commissioner, Workmen’s Compensation, Nagaon, in WC Case No 175 of 2003. By the said judgment, an amount of Rs.1,19,796/-has been awarded with interest @ 9% per annum which the present appellant was directed to pay.
2. The respondent no.1, as claimant had instituted a claim before the Commissioner for compensation for injuries sustained by him in an accident in course of his employment. The said respondent no.1 had claimed that he was a labourer of a vehicle - truck bearing registration No. AS-01C/8670 which was owned by the respondent no. 2. On 26.04.2003, the said vehicle had met with an accident at Rangagora in NH 37 wherein the claimant had alleged to have sustained multiple grievous injuries on different parts of his body. Based on the said accident G.D. Entry No. 408 was registered in Samaguri Police Station and the claimant was sent to the B.P Civil Hospital, Nagaon, where he has claimed to be an indoor patient from 26.04.2003 to 16.05.2003 and again for some d
Workmen's Compensation - Fracture injuries - There is no doubt that the award amount shall carry interest at 12% per annum w.e.f. 30 days of accident till the date of realization.
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 assessment of disability in compensation cases must rely on credible medical evidence, and arbitrary increases in disability percentages are not permissible.
A disability certificate issued by a qualified medical professional suffices to establish loss of earning capacity, and factual findings of a compensation Commissioner are final if admissible evidenc....
The main legal point established is that the calculation of compensation for disability and entitlement to interest under the Workmen's Compensation Act is based on the doctor's evidence of disabilit....
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