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ROBIN PHUKAN
National Insurance Company Ltd. , Represented by its Regional Manager, Guwahati, Assam – Appellant
Versus
Laldhari Choudhury, S/o. Shri Ram Murat Choudhury – Respondent
JUDGMENT :
(Robin Phukan, J.)
Heard Mrs. S. Roy, learned counsel for the appellant and also heard Mr. J.P. Sharma, learned counsel for the respondent.
2. This appeal, under Section 30 of the Workmen’s Compensation Act, 1923, is directed against the Judgment and Award dated 22.02.2006, passed by the learned Commissioner, Workmen’s Compensation, Dhubri in WC Case No. 02/2002. It is to be noted here that vide impugned Judgment and Award, the learned Commissioner had directed the appellant herein to pay a sum of Rs. 3,78,355/, being the compensation to the respondent No.1/claimant herein.
3. The back ground facts leading to filing of the present appeal are briefly stated as under:-
The Commissioner must rely on medical assessments for determining loss of earning capacity in workmen's compensation claims, especially for non-schedule injuries.
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 court determined that total disablement under the Workmen's Compensation Act is established when injuries completely incapacitate a claimant from performing their previous job, warranting maximum....
Functional disability, not just physical impairment percentage, determines loss of earning capacity for compensation under Workmen's Compensation Act.
The main legal point established is that the assessment of loss of earning capacity should be proportionate to the nature of the disability, as per Section 4 of the Workmen's Compensation Act, 1923.
Proper assessment by a qualified medical practitioner is essential for disability and loss of earning capacity 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 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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