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.