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september 2009

Supreme Court of India · 2009-09-14

S. Suresh vs Oriental Insurance Co. Ltd. & Anr

Citation / case number
AIR 2010 SC (SUPP) 368
Court
Supreme Court of India
Petitioner
S. Suresh
Respondent
Oriental Insurance Co. Ltd. & Anr
Bench
D.K. Jain, H.L. Dattu

Judgment text excerpt

The Supreme Court held that under Section 2(1)(l) of the Workmen's Compensation Act, 1923, the loss of a leg for a lorry driver constitutes 'total disablement', warranting full compensation for loss of earning capacity. The Court found that the High Court erred in applying a 50% reduction based on Schedule I of the Act, emphasizing that the claimant's specific occupation and the nature of his injury justified a higher compensation amount. The Court restored the original compensation of Rs.5,20,584/- awarded by the Commissioner, along with interest at 12% per annum from one month after the accident until payment.

S. Suresh vs Oriental Insurance Co. Ltd. & Anr · Niyam