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SUPREME COURT OF INDIA
RANJAN GOGOI, NAVIN SINHA, JJ.
Basappa - Appellant
Versus
Basvaraj M. Tuppad & Anr - Respondents
Civil Appellate Jurisdiction Civil Appeal No.(S) 5472 of 2017 (Arising Out of Special Leave Petition (Civil) No. 22407 of 2015 and In MFA No. 22157 of 2011
Decided on : 21-04-2017
Workmen's Compensation Act, 1923 - Compensation - Loss of Earning Capacity
Fact of the Case:
The appellant's compensation under the Workmen's Compensation Act was reduced by the High Court from Rs.4,28,376 to Rs.1,71,350 despite suffering a 30% physical disability resulting in 100% loss of earning capacity as a professional driver.
Finding of the Court:
The Court set aside the High Court's order and restored the original compensation award, emphasizing that the loss of earning capacity should not be solely determined by the percentage of physical disability assessed by the medical practitioner.
Issues: Reduction of compensation based on percentage of physical disability, loss of earning capacity assessment
Ratio Decidendi: The loss of earning capacity should not be solely determined by the percentage of physical disability assessed by the medical practitioner.
Final Decision: The appeal was allowed, and the original compensation award was restored with directions for timely payment by the Insurer.
ORDER :
Leave granted.
2. The compensation under the Workmen's Compensation Act, 1923 awarded to the appellant has been reduced from Rs.4,28,376/- to Rs.1,71,350/- by the High Court.
3. The injury suffered by the appellant-claimant is loss of one eye and the physical disability suffered though is to the extent of 30%, the same, in our considered view, has resulted in 100% loss of the earning capacity of the appellant. This is because the appellant was a professional driver and employed as such.
4. In the aforesaid circumstances, merely on the basis of the percentage of loss of physical disability assessed by the medical practitioner the loss of earning capacity could not have been determined by the High Court to reduce the quantum of compensation. We, therefore, set aside the order of the High court and restore the award made by the Commissioner for Workmen's Compensation and direct that all amount due along with interest, as awarded, shall be paid to the appellant by the Insurer within four weeks from today.
5. The appeal is allowed in the above terms.
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