S. SURESH versus ORIENTAL INSURANCE CO. LTD. & ANR.

Amputation of the right leg below the knee rendered the claimant, a lorry driver, wholly unable to perform his occupation, resulting in 100% loss of earning capacity and thus constituting 'total disablement'. Compensation should reflect this total incapacity, overruling the High Court's reduction based on statutory schedule percentages.

Parties: Appellant: S. Suresh; Respondent: Oriental Insurance Co. Ltd.; Respondent: Owner of the lorry
Jurisdiction: India
Judgment Date: 14 September 2009
Procedural Posture: Civil Appeal / Supreme Court Appellate Judgment
Outcome: Appeal allowed; High Court judgment set aside; Commissioner's award restored.
Legal Topics: Workmen's Compensation, Permanent Disability, Total Disablement, Calculation of Earning Capacity

Labour Law Insurance Law Workmen's Compensation Permanent Disability Total Disablement Calculation of Earning Capacity

Case Brief

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3

Parties

S. Suresh

Appellant

Oriental Insurance Co. Ltd.

Respondent

Owner of the lorry

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment

Legal Issues

1 Whether amputation of right leg amounts to 'total disablement' under Workmen's Compensation Act for a lorry driver
2 Whether compensation should be reduced due to statutory schedule or reflect 100% loss of earning capacity

Ratio Decidendi

Court Disposition

Appeal allowed; High Court judgment set aside; Commissioner's award restored.

Orders

Judgment of High Court dated 23.7.2007 set aside.
Compensation awarded by Commissioner for Workmen's Compensation (Rs. 5,20,584) restored.