Supreme Court of India · 2008-05-09
K. JANARDHAN vs UNITED INDIA INSURANCE CO. LTD.
- Citation / case number
- SC 2002/7391
- Court
- Supreme Court of India
- Petitioner
- K. JANARDHAN
- Respondent
- UNITED INDIA INSURANCE CO. LTD.
- Author
- HARJIT SINGH BEDI
Judgment text excerpt
The Supreme Court held that under Section 2(1)(e) of the Workmen’s Compensation Act, the loss of a leg for a tanker driver constitutes total disablement, warranting compensation based on 100% disability. The Court found that the High Court erred in reducing the compensation based on a percentage of earning capacity rather than recognizing the complete incapacity to perform the claimant's work. The Court restored the original compensation amount of Rs. 2,49,576/- awarded by the Commissioner for Workmen’s Compensation.