Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Assessment of loss of earning capacity Substantial question of law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | s.4 - Assessment of loss of earning capacity - By qualified, and registered medical practitioner - High Court setting aside order of Workmen's Compensation Commissioner on the ground that X"rays of workmen oh' which doctor assessed disability were not produced - Held: Under s.4, it is sufficient if the loss of earning capacity is assessed by a qualified and registered medical practitioner - In the instant case, there is no dispute with regard to competence of the doctor issuing disability certificate - Impugned order of High Court is set aside and orders of Commissioner are restored. s.30-Appeal- Substantial question of law- Held: Under the scheme of the Act, Commissioner is the final authority on questions of fact and the first appellate court is the final authority on the question of law - In the instant case, there is no question of law much less a substantial question of law arising for consideration u/s 30 - High Court erred in exercising jurisdiction u/s 30 in the absence of any material irregularity or perversity in the judgment of the Commissioner. G s. 4-A - Interest- Held: Commissioner only awarded 12% which is the statutory interest u/s 4A. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2013 INSC 387 |
Petitioner | B. Lakshmana Etc. |
Respondent | Divisional Manager, New India Assurance Company Limited Etc. |
SCR | [2013] 17 S.C.R. 289 |
Judgement Date | 2013-07-01 |
Case Number | 11381-11386 |
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