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may 2008

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.

K. JANARDHAN vs UNITED INDIA INSURANCE CO. LTD. · Niyam