VIVEK AND CO. Vs. N. RAVI AND ORS.

JUDGEMENT

(1.) The award dated 28.09.2017 passed in W.C.No.85 of 2014 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The question of law raised by the appellant reads as under:

(3.) Though the questions of law are relatable to the facts and circumstances, the learned counsel appearing on behalf of the appellant raised a question that the Doctor, who assessed the workman, has not given any certificate regarding the loss of earning capacity. As per Section 4 of the Employees Compensation Act, the Doctor has to assess the loss of earning capacity of the workman which is not done in this case. Therefore, the quantum of compensation fixed by the Deputy Commissioner of Labour is improper and not in consonance with the provisions of the Act. It is further contended that the Doctor himself assessed the nature of injury as partially permanent. Thus, the injuries sustained are not actually permanent and therefore, the quantum of compensation awarded by the Deputy Commissioner of Labour is excessive.