To claim permanent disability under EC Act, non examination of medical officer will not disentitle him: Bom. HC

To claim permanent disability under EC Act, non examination of medical officer will not disentitle him: Bom. HC

Bombay High Court in Manager, Gondegaon Open Cast Mine vs. Nabi Mehbub Sheikh (06.04.2023 – BOMHC) : MANU/MH/1301/2023, while examining an issue as to whether the compensation awarded to a claimant by the commissioner appointed under the Employee’s Compensation Act, 1923 (“ECA“) can be held as invalid on the contention that the claimant was not examined by the medical officer, placed reliance on the medical certificate and the treatment papers of the claimant and observed that the said records sufficiently shows that injured had sustained the permanent disablement which is properly appreciated by the commissioner appointed under the ECA and therefore compensation is rightly be awarded under Section 4(1)(b) of the ECA.

Also read: For higher pension claim, option under para 26(6) of EPS not be submitted: Kerala HC

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