Back
ANOOP KUMAR DHAND
United India Insurance Co Limited – Appellant
Versus
Ramavtar @ Ram Prasad – Respondent
JUDGMENT
1. This appeal has been filed by the appellant-Insurance Company against the judgment dated 02.06.2009 passed by the Court of Commissioner Workmens Compensation, Tonk (for short 'the Commissioner') in case No.WCC NF/37/2005 by which the claim petition filed by the claimant-respondent has been allowed and the appellant-Insurance Company has been directed to pay compensation of Rs.1,30,950/-.
2. In this matter, arguments were already heard on 12.01.2022 and on that date, counsel for the parties sought time to submit brief submissions along with the relevant judgments, in support of their contentions.
3. The main objection of the appellant-Insurance Company in this case is that the claimant sustained 18% disability but the Commissioner has committed illegality in accepting the loss of earning capacity of the claimant to be 28% without there being any medical evidence in support thereof.
4. In support of his contentions, the appellant-Insurance Company has placed reliance on a judgment of National Insurance Company Ltd. Vs. Mubasir Ahmed & Ors. Reported in AIR2007 SC 1208.
5. The other objection raised by the appellant-Insurance Company is that the claim petition filed by the claim
The impact of permanent disability on working capacity and the limited jurisdiction of the High Court to reappreciate evidence.
The assessment of compensation under the Workmen’s Compensation Act depends on the impact of permanent disability on earning capacity, and the Insurance Company is not liable to pay interest unless t....
The assessment of disability in compensation cases must rely on credible medical evidence, and arbitrary increases in disability percentages are not permissible.
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 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 under the Workmen Compensation Act must adhere strictly to statutory provisions, limiting discretion in establishing percentage of disability and wage calculations.
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.
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
