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by sayum
28 July 2026 1:44 PM
In a significant ruling, the Punjab & Haryana High Court affirmed the dismissal of a workmen's compensation claim, emphasizing the critical importance of evidential proof in establishing loss of earning capacity.
The court's decision revolved around the application of Section 4(1)(c)(ii) of the Workmen's Compensation Act, 1923. The key legal issue was the claimant's failure to adequately prove the extent of loss of earning capacity resulting from his workplace injury.
Facts and Issues: Ishpal, employed as a laborer, sought compensation for injuries sustained at work, claiming a debilitating effect on his ability to earn. However, the initial claim was dismissed by the Commissioner under the Workmen's Compensation Act in Karnal, leading to this appeal. The crux of the issue was proving the actual impact of the injury on the claimant's earning capacity as legally required.
Justice Meenakshi I. Mehta scrutinized the lack of evidence in the claimant's argument, pointing out, "The claimant was required to adduce evidence to establish the extent of the loss of his earning capacity... however, he did not lead even an iota of evidence." The court also observed that despite claiming disability, the appellant continued his employment as a laborer, which undermined his claim of significant loss of earning capacity.
Decision: The High Court found the appellant's arguments insufficient to overturn the previous decision. It was held that the claimant failed to meet the necessary legal threshold to prove a substantial loss in earning capacity due to the injury, resulting in the dismissal of the appeal.
Date of Decision: March 15, 2024
Ishpal @ Shishpal v. The Commissioner under the Workmen’s Compensation Act, Karnal and another
