Bombay High Court

THE NEW INDIA ASURANCE CO.LTDversusSHRI SAMEER MAJID SHAIKH

Decided: 17 February 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

Both raised issues are factual in nature, not substantial questions of law, so the appeal is dismissed.

Summary

The New India Assurance Co. Ltd. appealed under Section 30 of the Workmen’s Compensation Act, alleging two substantial questions of law: (a) whether the Labour Commissioner was justified in finding the driver’s licence genuine, and (b) whether the Commissioner was justified in awarding 100% loss of earning capacity despite a medical disability certificate of 45%. The Court held that the genuineness of the licence and the extent of loss of earning capacity are matters of fact, not law, as the Labour Commissioner had provided detailed factual reasoning. Consequently, no substantial question of law arose. The appeal was therefore dismissed, and the related civil application was also disposed of.

Issues considered

Whether the Labour Commissioner was justified in concluding that the driver’s licence was not fake.
Whether the Labour Commissioner was justified in awarding compensation at 100% loss of earning capacity despite a 45% disability certificate.

Legislation cited

Workmen's Compensation Act — s. 30

Subjects

Workmen’s Compensation
Section 30
appeal
factual issue
license authenticity
loss of earning capacity
disability certificate

Judgment

HMK 1 27. FA-270-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SAYYED Digitally signed
CIVIL APPELLATE JURISDICTION
SAEED by SAYYED
SAEED ALI
ALI AHMED ALI
Date:
AHMED 2026.02.18 FIRST APPEAL NO. 270 OF 2020
ALI 11:18:12 +0530
WITH
CIVIL APPLICATION NO. 3008 OF 2012

The New India Assurance Co. Ltd. ….Appellants/Applicants

Versus

Sameer Majid Shaikh & Anr. .…Respondents
__________________________________________________________________

Mr. D. R. Mahadik for the Appellants/Applicants.
Mr. T. R. Kale i/by Mr. T. J. Mendon for Respondent No.1.
__________________________________________________________________

CORAM : JITENDRA JAIN, J.
DATED : 17th FEBRUARY 2026

P. C. :

1. This is an Appeal filed under Section 30 of the Workmen’s
Compensation Act, which requires Appeal to be filed only on substantial
questions of law.

2. The appellant has raised following substantial questions of law :-

(a) Whether the Labour Commissioner was justified in
coming to the conclusion that the license of the
Driver was not a fake license ?

(b) Whether the Labour Commissioner was justified in
awarding compensation at 100% loss of earning
capacity, though disability certificate issued was by a
non treating doctor at 45%. ?
HMK 2 27. FA-270-2020.doc

3. With respect to question no.1, the Labour Commissioner has
examined in detail this issue and after considering the evidence, which is
referred to therein has come to a conclusion that the insurance company
has failed to prove that the driving license is fake. In my view, whether the
driving license was genuine or fake is a question of fact and the Labour
Court has given detailed reasons for the same in paragraph 24 of the
impugned order. Therefore, no question of law arises.

4. With respect to question no.2, the issue to be considered is loss of
earning capacity. Thought the disability may be at 45%, if the applicant
cannot do the job which he was doing prior to the accident, then there is
100% loss in the earning capacity. This issue has been considered in detail
in paragraphs 12 to 16. In my view, whether the loss of earning capacity is
100% or less than 100% is purely a question of fact and not the substantial
question of law.

5. In view of above, Appeal is dismissed.

6. Consequently, Civil Application, if any, does not survive and is
disposed of accordingly.

[ JITENDRA JAIN, J. ]

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