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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
New India Assurance Company Limited – Appellant
Versus
Taiyyab Alam – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. FAFO No. 69 of 2026 under Section 30 of the Employees’ Compensation Act,1923 has been filed by the insurer, The New India Assurance Company Limited, challenging the impugned order dated 24.10.2025 passed by the Employees’ Compensation Commissioner/Deputy Labour Commissioner, Moradabad in ECA Case No. 01 of 2022, Tayyab Alam vs. Farooq and another, whereby for the injuries sustained by the claimant in the course of his employment as a driver, compensation of Rs.9,04,222/- along with interest @ 12% per annum and Rs.3,38,103/- towards reimbursement of medical expenses has been awarded, which has been ordered to be indemnified by the insurer of Truck No. UP-21-CN-8245.
2. FAFO No. 42 of 2026 has been filed by the claimant under Section 30 of the Employees’ Compensation Act,1923 against the aforesaid impugned order seeking enhancement of compensation on the ground that the amount awarded by the Commissioner is not commensurate with the injuries suffered by him.
3. Since both the appeals arise out of the same impugned order, they were heard together and are being decided by this common judgment.
4. The factual matrix of the case is that the claimant was employed
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 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.
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