LexK. JANARDHAN versus UNITED INDIA INSURANCE CO. LTD. & ANR.
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[2008] 8 S.C.R. 157 ' ) K. JANARDHAN A II. UNITED INDIA INSURANCE CO. LTD. & ANR. (Civil Appeal No.5831 Of 2002) MAY 9, 2008 B .. [TARUN CHATTERJEE AND HARJIT SINGH BEDI, JJ.] Workmen's Compensation Act - s.2(1)(e) - Compensa- tion - For disablement incapacitating the victim for work which he was capable of performing at the time of accident - Appel- c /ant, tanker driver, met with accident- His right leg amputated from the knee - Appellant was 30 years of age at the time of accident and earning Rs.20001- per month - Claim for com- pensation - Held: Appellant suffered 100% disability and in- capacity in earning his keep as a tanker driver - He became D disqualified from e11en getting a driving licence - In facts and circumstances of the case, the Commissioner for Workmen's Compensation was right in determining the compensation payable to Appellant at Rs.2.5 lakhs with interest@ 12% p.a. from the date of accident - Motor Vehicles Act, 1988 - ss. 8 E and 9 .. Appellant, a tanker driver, while driving his vehicle met with an accident with a tractor coming from the op- posite side. As a result, the Appellant suffered serious in- F juries and also an amputation of the right leg up to the knee joint. He thereupon moved an application before the Commissioner for Workmen's Compensation praying for grant of Rs. 5 lakhs by way of compensation. The Com- missioner observed that the claimant was 30 years of age and determined his salary at Rs. 2000/- per month. The G ' Commissioner also found that as the claimant had suf- fered an amputation of his right leg up to the knee, he had suffered a loss of 100% of his earning capacity as a driver and accordingly determined the compensation payable . 157 H 158 SUPREME COURT REPORTS (2008) 8 S.C.R. A to him at about Rs. 2.50 lakhs with interest @ 12% p.a. frQm the date of the accident. An appeal was thereafter taken to the High Court by the Respondent-Insurance Company. The High Court accepted the plea raised in appeal that as per the Schedule to the Workmen's Com- B pensation Act, the loss of a leg on amputation amounted to a 60% reduction in the earning capacity and as the doctor had opined to a 65% disability, this figure was to be accepted and accordingly reduced the compensation to about Rs.1.62 lakhs. C In appeal to this Court, the contention raised by Ap- pellant is that he being a tanker driver, the loss of his right leg ipso facto meant a total disablement as understood in terms of Section 2(1)(e) of the Workmen's Compensation Act and as such he was entitled to have his compensa- 0 tion computed on that basis. Allowing the appeal, the Court HELD: 1. The Appellant suffered 100% disability and incapacity in earning his keep as a tanker driver as his right E leg had been amputated from the knee. Additionally, a pe- rusal of Sections 8 and 9 of the Motor Vehicles Act 1988 would show that the Appellant would now be disqualified . from eveh getting a driving licence. [Para 5) [161-C,D] 1 ;2. The judgment of the High Court is set aside and F that of the Commissioner restored. [Para 6) [161-D] Pratap Narain Singh Dea vs. Srinivas Sabata & Anr (1$76) 1 sec 289 - relied on. CIVILAPPELLATE JURISDICTION: Civil Appeal No. 5831 G of 2002 From the final Judgment and Order dated 6.10.2001 of the High Court of Karnataka at Bangalore in MFA No. 484 of 2000 R.S. Hegde, Chandra Prakash, Ashwani Garg and P.P. H Singh for the Appellant. K. JANARDHAN v. UNITED INDIA INSURANCE 159 CO. LTD. & ANR. [HARJIT SINGH BEDI, J.] The Judgment of the Court was delivered by A HARJIT SINGH BEDI, J.1. This appeal is directed against the judgment and order dated 5th October, 2001 of the learned Single Judge of the Karnataka High Court whereby com- pensation of Rs.2,49,576/- awarded by the Commissioner for Workmen's Compensation has been reduced to 8 Rs.1,62,224.40/-. It arises from the following facts. 2. The claimant- appellant a tanker driver, while driving his vehicle from Ayanoor towards Shimoga met with an accident with a tractor coming from the opposite side. As a result of the c accident, the appellant suffered serious injuries and also an am- putation of the right leg up to the knee joint. He thereupon moved an application before the Commissioner for Workmen's Com- pensation praying that as he was 25 years of age and earning Rs. 3,000/- per month and had suffered 100% disability, he was D entitled to a sum of Rs. 5 lac
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