Medical expert's certified disability percentage must be accepted over arbitrary whole-body assessment in compensation claims.

The appellant, a laborer earning Rs. 3,600/- per month, suffered multiple fractures and internal injuries due to a landslide while performing duties for Respondents No. 1 and 2 on December 12, 2005.

A medical expert, Dr. B.P. Khadia, issued a disability certificate (Exh. 20) and testified (Exh. 23) that the claimant suffered 40% permanent partial disability.

The Workman Compensation Commissioner, Kachchh @ Bhuj, in Case No. 34 of 2007, reduced the functional disability to 20% for compensation purposes, awarding Rs. 94,380/- as principal compensation, a 50% penalty, and 9% interest.

The appellant challenged this reduction in the High Court.

1. Whether the Workman Compensation Commissioner erred in reducing the certified permanent partial disability from 40% to 20% by applying a "whole body" assessment.

2. Whether the appellant is entitled to enhanced compensation, penalty, and interest based on the expert medical evidence.

The court applied the provisions of the Workman’s Compensation Act (now Employee's Compensation Act, 1923), specifically regarding the assessment of permanent partial disability for non-scheduled injuries.

The principle that the assessment of loss of earning capacity must be based on expert medical evidence; a Commissioner cannot arbitrarily depart from or reduce the disability percentage certified by a medical expert who has been examined as a witness.

The High Court observed that Dr. B.P. Khadia’s certificate (Exh. 20) and subsequent deposition (Exh. 23) categorically established a 40% permanent partial disability.

The Court found that the Commissioner committed a legal error by manually scaling this down to 20% using a "whole body assessment" approach, noting that such a reduction is not permissible under the Act when expert evidence remains uncontroverted.

The Court held that expert medical findings must be accepted at face value unless there are compelling legal reasons to depart from them.

Consequently, the Court recalculated the compensation using the original 40% figure, doubling the principal amount from Rs. 94,380/- to Rs. 1,88,758/-.

It held that the claimant is entitled to a revised principal compensation of Rs. 1,88,758/-, resulting in a net increase of Rs. 94,378/- payable by the Insurance Company (Respondent No. 1).

Furthermore, the Employer (Respondent No. 2) was ordered to pay a revised penalty of 50% (Rs. 94,379/-) and statutory interest increased to 12% per annum on the total compensation from the date of the accident until realization.

Total revised amounts must be deposited within six weeks.