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2022 Supreme(SC) 167

D. Y. CHANDRACHUD, DINESH MAHESHWARI
Ajaya Kumar Das – Appellant
Versus
Divisional Manager – Respondent


Advocates appeared:
For the Appellant :Mr. Chitta Ranjan Mishra, Advocate, Mr. Neeraj Srivastava, Advocate, Mr. Ronak Baid, Advocate, Ms. Neetu Rathore, Advocate, Ms. Shalu Sharma, Advocate

JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

Leave granted.

2. This appeal arises from a judgment of a Single Judge of the High Court of Orissa dated 11 April 2018 in FAO No 358 of 2018.

3. The first appellant was working as a labourer in a truck bearing registration No OAX 2764 and was engaged by the second respondent for the loading and unloading of sand. On 5 June 2000, the truck met with an accident as a result of which the first appellant suffered multiple injuries in his abdomen and kidney. He underwent a surgery and was discharged from the hospital on 22 June 2000. A claim for compensation was lodged before the Workmen compensation-cum-Assistant Labour Commissioner, Odisha. The claim was allowed by an order dated 24 May 2016. It was held that the first appellant in spite of all the possible treatment became permanently disabled upto 85% which would reduce his earning capacity upto 100%. Since he was receiving Rs 2100 as a monthly income, the total compensation payable was arrived at Rs 2,78,926 (60% of 2100 (monthly income) x 221.37 (age factor as he was 22 years old) x 100 (loss of earning)). The Labour Commissioner directed that the compensation must be paid together with intere

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