Supreme Court of India · 2025-04-29
Kamal Dev Prasad vs Mahesh Forge
- Court
- Supreme Court of India
- Petitioner
- Kamal Dev Prasad
- Respondent
- Mahesh Forge
- Author
- Sudhanshu Dhulia
- Bench
- Sudhanshu Dhulia
Judgment text excerpt
The Supreme Court examined the issue of disability compensation under the Employees’ Compensation Act, 1923, in a case where the Commissioner initially awarded 100% disability based on a factor of 213.57, resulting in a total compensation of ₹3,20,355. The employer challenged this, arguing that statutory provisions under Schedule I of the Act limit the percentage of loss of earning capacity to 34%. The High Court accepted the employer's contention, reducing the awarded disability percentage accordingly. The Supreme Court's decision focused on the statutory injury schedule and the appropriate calculation of compensation based on the prescribed loss of earning capacity.