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
Identifier	PR_000006165116
File No./Reference No./Sheet No./Folio No.	File No. E/LL72AT/WC/1-5/1-25
Location	Repository-4
File Size	42.5 MB
Pages	67
Collection	Digitized Public Records Ministry of Railway
Language	English