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

Citation: [2009] 14 S.C.R. 990 · Decided: 14-09-2009 · Supreme Court of India · Bench: D.K. JAIN, H.L. DATTU · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2009] 14 S.C.R. 990 
A 
S. SURESH 
+ -..., 
v. 
ORIENTAL INSURANCE CO. LTD. & ANR. 
(Civil Appeal No. 7641 of 2009) 
B 
SEPTEMBER 14, 2009 
[D.K. JAIN AND H.L. DATTU, JJ.] 
,__. 
Workmen's Compensation Act, 1923: 
" 
c 
ss. 2(1)(1), 4(1)(c)(ii) - Schedule I - 'Total disablement' -
Permanent disability - Loss of 100% earning capacity -
Compensation -Lorry driver in an accident got injured - His 
. leg amputed up to knee - Commissioner for Workmen's 
Compensation recording a finding of permanent disability 
D and awarding the claimant Rs. 5, 20, 5841- High Court 
-J.-
accepting the plea of Insurance Company that loss of a leg 
on amputation amounted to 50% reduction in earning capaity 
reduced compensation by 50% - Held: On account of 
amputation of right leg of claimant below knee, he is rendered 
E unfit for the work of a driver, which he was performing at the 
time of the accident resulting in the said disablement -
Therefore, he has lost 100% of his earning capacity as a lorry 
driver, more so when he is disqua/fied from even getting a 
A 
driving licence under the Motor Vehicles Act - Judgment of 
...... 
F 
High Court set aside and compensation awarded by 
Commissioner restored. 
Words and Phrases: 
Expressions 'total disablement' - Loss of 100% earning 
G capacity -
Connotation of in the context of Workmen's 
Compensation Act. 
y-
CIVIL APP_ELLATE JURISDICTION : Civil Appeal No. 
7641 of 2009. 
H 
990 
S. SURESH v. ORIENTAL INSURANCE CO. LTD. & 
991 
ANR. 
From the Judgment & Order dated 23.7.2007 of the High 
A 
Court of Karnataka at Bangalore in M.F.A. No. 4020 of 2005 
ry.JC). 
V.N. Raghupathy for the Appellant. 
The following Order of the Court was delivered 
B 
ORDER 
1. Leave granted. 
2. Challenge in this appeal is to the judgment and order 
C 
dated 23rd July, 2007 rendered by a Division Bench of the 
Karnataka High Court, whereby the principal amount of 
compensation of Rs.5,20,584/-, awarded by the Cpmmissioner 
for Workmen's Compensation (for short, "the Commissioner'') 
has been reduced to Rs.2,60,292/-. 
D 
3. The appellant, hereinafter referred to as, "the claimant", 
was a lorry driver. On 26th September, 2002, while driving the 
vehicle, he met with an accident near Ganesh Garage on 
Bangalore Mangalore Road. He lost control of the vehicle and 
E 
it overturned on the right side of the road. As a result of the 
accident, the claimant suffered serious injuries to his right leg; 
-
on the head and other parts of the body. Although he survived 
but ultimately his right leg had to be completely amputed just 
below the knee. 
4. The claimant filed a claim petition before the 
Commissioner praying for adequate compensation. It was 
pleaded that as he was 25 years of age; earning Rs.4,000/-
F 
per month with daily allowance of Rs.100/-; had suffered ,. 
permanent disability, which would prevent him from engaging 
G 
-'r 
in the job of driver which he used to do earlier, he was entitled 
to adequate compensation from the Insurance Company and 
the owner of the lorry, respondent Nos. 1 and 2 in this appeal. 
H 
992 
SUPREME COURT REPORTS (2009] 14 (ADDL.) S.C.R. 
A 
5. The claim petition was contested by respondent No.1. 
+. 
Respondent No.2 was proceeded against ex-parte. On the 
..... , 
pleadings of the parties, the Commissioner framed as many 
' 
as six issues, including the issue with regard to the percentage 
of disability and loss of earning capacity suffered by the 
B claimant. On this issue, the claimant adduced evidence of the 
Doctor, who had treated him after the accident and his 
photographs (Ex. P-5). The witness stated that since the 
claimant had suffered 93% permanent disability in his right leg, 
__.i, 
he will not be able to do the job of a driver or any other job 
'f 
c because he will not be able to stand or walk without support. 
Accepting the evidence of the doctor, the Commissioner came 
to the conclusion that the claimant's right leg up to the knee 
having been amputed, he has suffered a loss of 100% of his 
earning capacity as a driver. lnter-alia, observing that the 
D · claimant was 25 years of age at the time of the accident, by 
his order dated 17th January 2005, the Commissioner took his 
~-
salary at Rs.7,000/- per month (Rs.4,000/- per month and 
Rs.100/- daily allowance) and accordingly determined the 
compensation payable to him at Rs.5,20,584/-. Interest @ 12% 
E per annum thereon from one month after the date of the 
accident till the date of payment was also awarded.

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