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april 2025

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.

Kamal Dev Prasad vs Mahesh Forge · Niyam