Gauhati High Court in National Insurance Co. Ltd. vs. Md. Safiur Rahman MFA/266/2010, while quashing the order of Commissioner under the Compensation Act, who had allowed compensation to workmen after assessing the loss of earning capacity of the workman at 75 % on the basis of the disability certificate observed that, under Section 4(1)(c)(ii) of the Compensation Act, the Commissioner has been given jurisdiction to provide compensation with respect to injuries resulting in permanent total disablement to be proportionate to the loss of earning capacity. A loss of earning capacity must be assessed by a qualified medical practitioner only and cannot be assessed through a disability certificate.
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