Introduction:

In a significant ruling, the Gauhati High Court has overturned an order awarding compensation to a driver who lost vision in one eye due to an accident, citing lack of qualified medical assessment. The case, brought before the Commissioner of Workmen’s Compensation, saw the appellant insurance company challenging the compensation awarded to the claimant driver. The court’s decision underscores the critical role of medical evidence in determining compensation for work-related injuries.

Arguments of Both Sides:

The appellant insurance company contested the compensation awarded, arguing that no qualified medical practitioner had assessed the claimant’s loss of earning capacity. They also challenged the basis of the disability certificate issued to the claimant, which lacked clarity on the permanence and extent of the disability. Additionally, the appellant challenged the grant of interest from the date of the accident, contending it was erroneous under the Workmen’s Compensation Act.

Court’s Judgement:

The Gauhati High Court ruled in favor of the appellant insurance company, setting aside the compensation award. The court highlighted the absence of medical evidence to assess the claimant’s loss of earning capacity, as mandated by Section 4-(1)(c)(ii) of the Workmen’s Compensation Act. It noted discrepancies in the disability certificate issued to the claimant, which failed to provide adequate information on the extent of disability and its impact on earning capacity. Moreover, the court deemed the grant of interest from the date of the accident as improper for a non-scheduled injury.