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JAVED IQBAL WANI
Divisional Manager JKSFC Bhaderwah – Appellant
Versus
Doost Mohammad – Respondent
JUDGMENT :
1. The instant appeal has been filed by the appellant against award dated 20.05.2014 (for short impugned award) passed by the Assistant Labour Commissioner, Doda (for short the Commissioner) under Employees Compensation Act, 1923 (for short the Act) in favour of the respondent herein.
2. The appeal has been filed under Section 30 of the Act which provides for filing of an appeal from various orders of a Commissioner enumerated in (a) to (e) of sub-section (1). The first proviso appended thereto Section 30(1) however, would provide that no appeal shall lie against any order unless a substantial question of law is involved in the appeal.
3. The appellant in the memo of appeal has formulated as many as seven questions styled as substantial questions of law, however, learned counsel for the appellant insists for consideration of only following question thereof stated to be a substantial question of law:-
4. Heard learned counsel for the parties and perused the record.
5. Learned counsel for the appellant while placing rel
The assessment of loss of earning capacity by a medical practitioner is an aid to the Commissioner and cannot be the sole determinative factor for the award of compensation.
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.
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 burden of proof lies on the employer to establish non-employment in cases of employment injury under the Workmen Compensation Act.
Workmen Compensation – Appeals - Under scheme of Act, Workmen's Compensation Commissioner is last authority on facts - Parliament has thought it fit to restrict scope of appeal only to substantial qu....
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