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Supreme Court of India 2022-09-16 partly_allowed

Suresh Paswan vs M/s. Kla Construction Technologies Pvt. Ltd. & Ors

Bench: 2 — M.R. Shah, Krishna Murari

In Brief

A construction worker fell from the first floor and suffered injuries assessed as 60% permanent disability in 2009. The Commissioner awarded Rs. 3,74,364 in compensation. The High Court cancelled the award after a Medical Board, examined nine years later, found no permanent disability. The Supreme Court partly allowed the worker's appeal, holding that compensation must be based on disability assessed at the time of injury, not subsequent examinations. The Court awarded Rs. 3,76,236 (50% of the deposited amount already withdrawn by the worker) as full settlement, finding that the employer should have challenged the disability at the Commissioner stage, not on appeal."

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Employees' Compensation Workers' Injury Compensation Permanent Disability Medical Evidence Appeal Construction Industry

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