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J. J. MUNIR
National Insurance Co Ltd – Appellant
Versus
Rajbeer @ Rajkumar @ Raju – Respondent
JUDGMENT :
(J.J. Munir, J.)
1. This is an appeal by the Insurance Company under Section 30 of the Workmen's Compensation Act, 1923 (now renamed as 'Employee's Compensation Act, 1923') (for short, 'the Act of 1923') questioning an award of the Workmen Compensation Commissioner, Saharanpur dated 15.04.2004 passed in W.C.A No.16 of 2002, awarding compensation to the claimant in an injury case.
2. The claimant-respondent is one Rajbeer @ Rajkumar @ Raju, who will hereinafter be called 'the claimant'. According to the claimant, he was employed as a driver with a certain M/s. Krishna Food Industries, K.G. Gramodyog Sansthan, Dehradun Road, Saharanpur. M/s. Krishna Food Industries, who are opposite party No.1 to the workmen's compensation case and respondent No.2 to this appeal, shall hereinafter be called 'the owners'.
3. On 06.07.2001, the claimant was driving the employers' truck, an LPT-709, bearing Registration No. UP-11E-3770 on the Roorkee-Haridwar Road. He was proceeding from Rishikesh to Saharanpur. The claimant was carrying a consignment of goods for delivery to a certain consignee. As the truck reached near the Kauliyar Crossing on the Roorkee-Haridwar Highway, there was a head-
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 Commissioner must rely on medical assessments for determining loss of earning capacity in workmen's compensation claims, especially for non-schedule injuries.
Functional disability, not just physical impairment percentage, determines loss of earning capacity for compensation under Workmen's Compensation Act.
The main legal point established is that the assessment of loss of earning capacity should be proportionate to the nature of the disability, as per Section 4 of the Workmen's Compensation Act, 1923.
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.
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