The Supreme Court in Golla Rajanna vs. The Divisional Manager, has held that the high court cannot reassess the percentage of disability recorded by a Workmen’s Compensation Commissioner as it is a pure question of fact and the scope of the appeal before the high court under Section 30 of the workmen’s compensation Act is only to substantial questions of law. Re-appreciating the evidence recorded by the Commissioner, the high court held that the disability would only be to the extent of 5% of the whole body, resulting in 5% of the loss of earning capacity.
Article referred: http://www.livelaw.in/hc-cant-reassess-disability-percentage-recorded-workmens-compensation-commissioner-sc/
Article referred: http://www.livelaw.in/hc-cant-reassess-disability-percentage-recorded-workmens-compensation-commissioner-sc/
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