KAMAL DEV PRASAD versus MAHESH FORGE

KAMAL DEV PRASAD versus MAHESH FORGE

The Court held that departure from the Schedule is permissible in appropriate cases where functional disability (especially multiple injuries to the same operational hand) cannot be captured by mere aggregation of Schedule entries. Given the appellant's right (operational) hand was severely mutilated (loss of phalanges of four fingers) and the consequent functional incapacity to operate the forging machine, the Court assessed the disability at 50% and ordered compensation accordingly, with interest at 12% from the date of the accident and a 50% penalty as directed.

Parties
Appellant: Kamal Dev Prasad; Respondent: Mahesh Forge
Jurisdiction
India
Judgment Date
29 April 2025
Procedural Posture
Civil Appeal / Appeal From High Court Judgment (civil Appeal No. 5667 of 2025)
Outcome
Appeal allowed
Legal Topics
Functional Disability, Assessment of Compensation, Aggregation of Injuries, Schedule I to Employees' Compensation Act, Interest and Penalty
Employees' Compensation Act, 1923 Motor Vehicles Act, 1988 Functional Disability Assessment of Compensation Aggregation of Injuries Schedule I to Employees' Compensation Act Interest and Penalty

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Parties

Kamal Dev Prasad

Appellant

Mahesh Forge

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment (civil Appeal No. 5667 of 2025)

Legal Issues

  1. 1 Whether the High Court erred in reducing the percentage of disability as per the Employees' Compensation Act, 1923
  2. 2 Whether the Schedule to the Act must be applied mechanically or can be departed from when multiple injuries affect the same (operational) hand
  3. 3 What percentage of disability and corresponding compensation is appropriate for loss of multiple phalanges of four fingers of the right (operational) hand

Ratio Decidendi

The Court held that departure from the Schedule is permissible in appropriate cases where functional disability (especially multiple injuries to the same operational hand) cannot be captured by mere aggregation of Schedule entries. Given the appellant's right (operational) hand was severely mutilated (loss of phalanges of four fingers) and the consequent functional incapacity to operate the forging machine, the Court assessed the disability at 50% and ordered compensation accordingly, with interest at 12% from the date of the accident and a 50% penalty as directed.

Court Disposition

Appeal allowed

Orders

  • Disability assessed at 50%.
  • Compensation calculated as Rs. 2,500 x 60% x 213.57 = Rs. 320,355; fifty percent of that = Rs. 160,177.5 payable to the employee.