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KAUSHAL JAYENDRA THAKER
Jagdish Prasad – Appellant
Versus
Employees State Insurance Corporation – Respondent
JUDGMENT :
(Kaushal Jayendra Thaker, J.) :
Heard Sri Indra Mani Tripathi, learned counsel for the appellant and Sri Rajesh Tewari, learned counsel for the respondents.
2. By way of this appeal under Section 30 of the Employees' State Insurance Act, 1948, the appellant who is an employee has challenged the finding by the Apellate Court in Appeal No. 261 of 1988 awarding loss of earning capacity at 30%.
3. The main bone of contention is that appellant-employee sustained employment injury on 31.12.1987 in his right ear. The respondent had an obligatory duty to provide for the loss but they did not provie for the same. The appellant suffered disablement and was not able to work. The appellant according to him was mentally pressurized and his loss of hearing capacity was 40 dots and loss of earning capacity was same but Commissioner has not properly evaluated the same. It is further submitted that at the time of accident occurred and he was sustained injury he was aged 35 years of age. The award of the E.S.I Court is assailed and it is contended that this is an error which is apparent on the face of record. It is further submitted that the appellant was hospitalized for 10 days and the m
The court reaffirmed that appeals under the Employees' State Insurance Act are limited to substantial questions of law, emphasizing the binding nature of factual findings by lower courts.
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.
The impact of permanent disability on working capacity and the limited jurisdiction of the High Court to reappreciate evidence.
The central legal point established in the judgment is the importance of accurately assessing loss of earning capacity and disability in determining compensation under the Workmen's Compensation Act.
The central legal point established in the judgment is that the assessment of compensation under the Employee’s Compensation Act should consider the nature of work the employee was capable of perform....
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