In a recent legal case concerning disability compensation, the court’s analysis focused on the significance of medical assessments in determining the extent of disability. The court’s decision highlighted the need for timely examination by medical boards to accurately assess the claimant’s condition. Learn more about the legal nuances of the case and the court’s reasoning behind the judgment.
Facts
- Appellant relied on disability certificate dated 13.09.2009 certifying 60% disability by Dr. Umesh Kumar Singh.
- High Court directed Medical Board to examine disability of the appellant.
- Medical Board report dated 09.11.2017 stated appellant had no permanent disability.
- Appellant awarded Rs. 3,74,364 as compensation by Commissioner, Employees’ Compensation based on 60% permanent disability.
- High Court allowed the appeal by employer, setting aside the compensation awarded.
- Appellant, dissatisfied with High Court’s decision, filed the present appeal.
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Analysis
- Earlier disability certificate dated 13.09.2009 considered.
- Medical Board report dated 09.11.2017 stated no permanent disability.
- Employer should have requested Medical Board examination earlier.
- High Court set aside the Commissioner’s order based on Medical Board report.
- Original claimant filed the present appeal.
- Significant time lapse between the disability certificate and the Medical Board examination.
- Employer did not apply for Medical Board examination at the relevant time.
- Appellant suffered injuries due to a fall which affected his earning capacity by 60% at the relevant time.
- Appellant has already withdrawn 50% of the total deposited amount of Rs. 7,52,471.
- Appellant is entitled to Rs. 3,76,236 by way of compensation with interest, which he has already withdrawn.
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Decision
- The appellant is entitled to a total sum of Rs.3,76,236 towards compensation with interest for the disability suffered by him.
- The appellant has already withdrawn the amount earlier.
- The withdrawn amount of Rs. 3,76,236 by the appellant is treated as a full and final settlement of his compensation claim for the disability.
- The balance amount in deposit with the High Court/Commissioner may be withdrawn by the respondent/employer if not withdrawn yet.
- The present appeal is disposed of accordingly, and the impugned judgment and order of the High Court are quashed and set aside.
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Case Title: SURESH PASWAN Vs. M/S KLA CONSTRUCTION TECHNOLOGIES PVT. LTD (2022 INSC 973)
Case Number: C.A. No.-006523-006523 / 2022
