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september 2009

Supreme Court of India · 2009-09-14

S.SURESH vs ORIENTAL INSURANCE CO.LTD.

Citation / case number
SC 2008/11011
Court
Supreme Court of India
Petitioner
S.SURESH
Respondent
ORIENTAL INSURANCE CO.LTD.
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 complete amputation of a leg 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 as a lorry driver necessitated a different assessment of disability. Consequently, the Court restored the original compensation amount of Rs.5,20,584/- awarded by the Commissioner, including interest at 12% per annum from one month after the accident.

S.SURESH vs ORIENTAL INSURANCE CO.LTD. · Niyam