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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 sustained injuries in a work accident, losing two toes and suffering grip weakness, assessed as 21% permanent physical disability but 70% loss of earning capacity (since he could no longer drive). The Commissioner awarded Rs. 2,79,367. The High Court reduced this to Rs. 83,664 without reasoning. The Supreme Court held that appeals against Workmen's Compensation awards must raise substantial questions of law only. Since the High Court endorsed all factual findings but failed to discuss why the compensation was reduced, the Court restored the Commissioner's award as a reasoned application of law to established facts.

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Workmen's Compensation Civil Appeal Injury Compensation Loss of Earning Capacity Appellate Jurisdiction Insurance

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