Question

Under the Workmen's Compensation Act, which is helpful decide the extent of injury for compensation

• A. Insurance certificate
• B. Medical examination
• C. Medical Certificate
• D. (b) and (c)

Hint:

In any personal injury claim (whether under motor vehicle law or employee's compensation law), the medical evidence is paramount. The doctor's examination and the formal medical certificate are what quantify the injury for legal purposes.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks what is used to determine the extent of a workman's injury for the purpose of calculating compensation under the Workmen's Compensation Act, 1923 (now the Employee's Compensation Act, 1923).

Step 2: Detailed Explanation:
The amount of compensation payable under the Act depends on several factors, including the workman's wages and, crucially, the nature and extent of the injury sustained. The injury determines the percentage of loss of earning capacity.
- Section 11 of the Act deals with Medical Examination. It gives the employer the right to have the workman examined by a qualified medical practitioner. This examination helps in assessing the injury.
- The result of this examination is typically recorded in a Medical Certificate, which serves as primary evidence of the nature of the injury, its severity, and the resulting disability (temporary or permanent, partial or total).
- An Insurance certificate (A) is proof of a contract of insurance, which helps the employer pay the compensation, but it does not help in deciding the extent of the injury itself.
Both the medical examination (the process of assessment) and the resulting medical certificate (the documentary evidence) are crucial for determining the extent of the injury. Therefore, option (D) is the most comprehensive answer.

Step 3: Final Answer:
Both the medical examination of the worker and the medical certificate issued thereafter are helpful in deciding the extent of injury for calculating compensation.