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Supreme Court of India 2018-01-16 allowed

Shaikh Osmanali Chous vs New India Assurance Co. Ltd. & Anr

Bench: 2 — Kurian

In Brief

A driver injured in a workplace accident lost two toes and suffered burn injuries. The Workmen's Compensation Commissioner awarded Rs. 2,79,367/- based on medical evidence showing 21% permanent disability and 70% loss of earning capacity in driving work. The High Court reduced this to Rs. 83,664/- without reasoned discussion, merely stating 100% earning capacity loss was unlikely. The Supreme Court restored the Commissioner's award, holding that High Court appeals must raise substantial questions of law, and courts cannot arbitrarily reduce awards while endorsing the same factual findings without providing legal reasoning.

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Workmen's Compensation Employee Benefits Appellate Procedure Permanent Disability Earning Capacity

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