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ANOOP KUMAR DHAND
Bajaj Allianz General Insurance Company Ltd. , through its Constituent Attorney – Appellant
Versus
Pooran Mal S/o Shri Babulal – Respondent
JUDGMENT :
1. Instant appeal has been preferred by the appellant-Insurance Company under Section under Section 30 of the Workmen’s Compensation Act, 1923 (for short ‘the Act of 1923’) against the impugned judgment and award dated 30.07.2010 passed by the Court of Learned Commissioner Workmen’s Compensation Act, Jaipur District-II [for short ‘the learned Commissioner’] in case No. WCC/NF/434/2008 by which the claim petition filed by the claimant respondent was allowed and the appellant Insurance Company was directed to pay a compensation of Rs. 2,90,390/- to the claimant respondent.
2. Learned counsel for the appellant-Insurance Company submitted that without any basis the income of the claimant was determined by the learned Commissioner on the higher side while as per the statement of brother of the claimant NAW-1 which was recorded by the Instructor which clearly indicates that the claimant was receiving a salary of Rs. 2,000/- per month only and this fact was overlooked by the learned Commissioner while passing the impugned judgment. Counsel further submitted that the learned Commissioner has placed reliance on a permanent disability certificate issued by the Dhanwantri Hospital
The court clarified that accurate assessment of medical evidence regarding disability is critical for determining just compensation in motor accident claims, emphasizing a higher level of disability ....
The main legal point established in the judgment is the need for uniformity in the assessment of disabilities in motor accident cases and the prevention of unscrupulous practices by doctors issuing d....
The judgment emphasizes the need for proper medical assessment and the caution required in accepting medical evidence, especially disability certificates, in personal injury cases.
Permanent disability assessment must consider all medical evidence presented, irrespective of its source.
The court emphasized the limited jurisdiction of the High Court under Section 30 of the Act to substantial questions of law only, and the findings of fact made by the Commissioner.
A non speaking order passed without application of mind cannot be sustained.In case of permanent disability the compensation hould be adequate not only for the physical injury and treatment, but also....
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