Compensation for permanent disability
Judgment dated 17.7.2023 of the Supreme Court of India
Workmen Compensation Act 1923 – Compensation for Permanent disability of loading and uploading labour
The appellant, while working as loading and uploading labourer with the company, had suffered compound fracture of her left arm and also damage to the nerves.
The Commissioner awarded Rs.3,74,364 for permanent total disability. However, the High Court had reduced it to 40% permanent disability and reduced the compensation to Rs.1,49,745.60 ps.
HELD, on considering the earlier decisions and the definition of the term “total disablement” provided in Section 2(1)(1) of the Workmen Compensation Act, 1923, it is the functional disability and not just the physical disability which is the determining factor in assessing whether the workman has incurred total disablement. If the disablement incapacitates a workman for all work, it is total disablement for compensation under Section 4(1)(b) even if the injury was not specified in Part I of Schedule I of the Act. The Civil Appeal was allowed.
Indra Bai Vs. Oriental Insurance Co Ltd and another (Civil Appeal No.4492 of 2023)
