LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/kamal-dev-prasad-vs-mahesh-forge-20250429/ · Printed 07 Nov 2026
Civil · Reportable judgment

Kamal Dev Prasad vs Mahesh Forge

Court
Supreme Court of India
Date
29 April 2025
Case No.
Civil Appeal No. 5667 of 2025
Result
Allowed
Bench
Sudhanshu Dhulia, K. Vinod Chandran
Citation
[2025] 4 S.C.R. 2053 : 2025 INSC 591
Acts & Sections
Employees’ Compensation Act, 1923 Motor Vehicles Act, 1988
Supreme Court Reports [2025] 4 S.C.R. 2053 : 2025 INSC 591
Issue for consideration
Whether the High Court erred in reducing the percentage of disability as per the Employees’ Compensation Act, 1923 while determining the compensation.
Headnote

Employees’ Compensation Act, 1923 – Schedule to the Act – Functional disability – Reduction of – When not proper – Determination of compensation – Appellant, a forging machine operator met with an accident while operating the machine losing one or more phalanges of four fingers of his right hand – Commissioner allowed 100% disability and determined the compensation – In appeal, High Court while determining the compensation reduced the disability to 34% – Interference with: Held: There can be a departure from the Schedule in deciding the functional disability – There is no loss assessment for amputation of two and a half phalanges of the index finger as per the schedule, which in any event has to be taken as a whole loss for which the disability is 14% – Hence, in any event the disability even as determined by the Schedule to the Act would be 37% aggregating the total loss – Further, the disability as determined by the statute is for the specific loss of a phalanx or a finger and in the event of more than one such loss it cannot be said that a mere aggregation would determine the actual loss – Appellant’s working hand was seriously mutilated by the loss of one or more phalanges of four fingers – The middle and index finger having been disabled completely and the ring finger and the little finger having lost two phalanges and one phalanx respectively, functionally it is difficult for the right hand to be used with the same grip as available prior to the accident – Though a 100% disability cannot be assessed, insofar as the mutilation of the one hand which is also the operational hand, the right hand, the loss is determined at 50% – Compensation determined. [Paras 7, 8, 10, 11]

Keywords: Functional disability · Reduction of functional disability · Forging machine operator · Accident · Forging machine · Right hand · Operational hand · Lost phalanx of little finger, Lost phalanges of fingers · Middle and index finger · Ring finger and the little finger · Amputation · 100% disability

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment K. Vinod Chandran, J. 1. Leave granted. 2. The appeal is filed against the reduction of the disability as per the Employees’ Compensation Act, 1923 (as it is presently named). The Commissioner under the Act allowed 100% disability and adopted the factor of 213.57 thus determining the total compensation to be ₹ 3,20,355/-. The Commissioner also awarded 12% interest from the date of accident and 50% penalty i.e. ₹ 1,60,178/- for reason of the employer having not paid the compensation within one month from the accident. The employer filed an appeal, the order in which is impugned here
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →