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.