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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
M.A.CHOWDHARY
Divisional Manager – Appellant
Versus
Satish Kumar, S/o. Ram Raj – Respondent
| Table of Content |
|---|
| 1. workman injured during employment; commissioner awarded 55% disability compensation. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. appellant challenges disability proof and appeal maintainability. (Para 7 , 8 , 9) |
| 3. functional disability factual finding by commissioner; not appealable without substantial law question. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. appeal requires full award deposit including interest. (Para 19 , 20) |
| 5. appeal dismissed for non-maintainability and no substantial question. (Para 21 , 22 , 23) |
JUDGMENT :
M A CHOWDHARY, J.
1. Through the medium of the instant appeal, the appellant has challenged the Award dated 20.07.2011, passed by the Assistant Labour Commissioner, Doda as Commissioner under the Workmen’s Compensation Act (hereinafter referred to as the “learned Commissioner”), whereby compensation of Rs. 2,74,500/- was granted in favour of the respondent in a claim for compensation, for his disablement as a workman, during employment of appellant.
2. The brief facts of the present case are that the respondent (hereinafter claimant’), while performing Pathroo work in Compartment No. 24, Kellar Sector, A-Nallah Balogri, sustained serious injuries,
Appeal under Employee’s Compensation Act entertainable only on substantial questions of law; Commissioner’s disability findings final on facts; full award deposit including interest mandatory for mai....
Total incapacity to perform work due to injury is deemed 100% functional disability, warranting full compensation under the Workmen's Compensation Act.
Functional incapacity determines total disablement, overriding medical assessments if it incapacitates work ability.
The central legal point established in the judgment is the requirement for reasoned orders and the consideration of functional disability, particularly in professions with specific physical demands.
(1) It is functional disability and not just physical disability which is determining factor in assessing whether claimant-workman has incurred total disablement.(2) If disablement incurred in an acc....
The assessment of disability in compensation cases must rely on credible medical evidence, and arbitrary increases in disability percentages are not permissible.
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