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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar, J
Kumar – Appellant
Versus
M.Deepan – Respondent
JUDGMENT :
S.Sounthar, J.
Not satisfied with the quantum of compensation awarded by the Employee's Compensation Commissioner, Coonoor, the appellant/claimant has come by way of this appeal.
2. Heard the arguments of learned counsel appearing for the appellant and learned counsel appearing for the 2nd respondent-Insurance Company.
3. Since the 1st respondent was set exparte before the Employee's Compensation Commissioner, notice to the 1st respondent was dispensed with.
4. It is the case of the appellant/workman, he was employed as a Loadman under 1st respondent. When he was unloading cut plam trees loaded in a Lorry bearing Registration No.TN 30 R 0538, he sustained injury and suffered fracture in his neck, fracture in left side ribs, fracture in right acetabulum and head injury. The workman was initially treated with first aid in Government Hospital, Andhiyur and then, he was taken to Trust Hospital, Erode and then to Ganga Medical Centre and Hospital (P) Ltd., Coimbatore. The lorry was insured with the 2nd respondent-Insurance Company. The injured/workman was aged about 36 years on the date of accident. It was claimed by the appellant/claimant that he was earning a sum of Rs.12,000/-
Employers are liable to pay statutory interest on compensation from the date of the accident if payment is delayed, and Disability Certificates from Medical Boards take precedence over private assess....
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....
Total incapacity to perform work due to injury is deemed 100% functional disability, warranting full compensation under the Workmen's Compensation Act.
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 insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
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