Central Railway- The case of an employee who sustained injury on his left knee while on duty in an accident arising out of and in the course of his employment. This was a Non-Scheduled injury. Medical Authority assessed 30%of loss in earning capacity in this case. After necessary hospitalization, the employee was employed on the same rate of pay which he was in receipt of before he sustained injury in the above accident. Question whether the Railway administration are legally liable to compensate this loss in terms of the provision of the Workman's Compensation Act. Law Adviser's opinion: that loss of earning capacity has to be estimated necessarily by some other person than the medical authority: and that the best estimate of the extent of injury can be given by the employer himself who has the opportunity to see the Workman's work both before and after the accident. Railways advised that in the present case there is no question of any loss of earning capacity

Keywords P.N Mishra
Bombay
National Railway Majdoor Union
Ministry/ Department/ Residency Ministry of Railway
Branch Establishment Labour Legislation
From Year / Date
(YYYY-MM-DD)
1972
To Year / Date
(YYYY-MM-DD)
1972
Source Organization NA
Identifier PR_000006165116
File No./Reference No./Sheet No./Folio No. File No. E/LL72AT/WC/1-5/1-25
Location Repository-4
Part No. NA
File Size 42.5 MB
Pages 67
Collection Digitized Public Records
Ministry of Railway
Call Number NA
Publisher NA
Subject NA
Creator NA
Accession Number NA
Series NA
Year of Publication NA
Language English
Bundle Barcode NA
Location Code NA
File Barcode NA
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