Workmen’s Compensation Act, 1923 – s.4 and relevant factor of 201.66 as per Schedule IV – Enhancement of the compensation – The appellant-driver, while driving a truck lost control of it due to an axle cut and dashed against a rock on the side of the road – As a consequence, the appellant suffered grievous injuries all over his body – Appellant underwent hospitalization for 65 days – His right leg was permanently injured, which resulted in complete disability to continue his vocation as a driver of a heavy motor vehicle – Appellant filed claim against the truck owner and the Insurance Company – Commissioner awarded Rs.1,81,494/- as compensation – High Court enhanced the compensation to Rs. 2,90,390/- with interest @ 12% p.a. payable from one month after the date of the accident – On appeal, held: The medical evidence on record corroborated appellant’s inability to stand for a long period of time or even fold his legs – Appellant was incapacitated for life and lost his ability to work as a driver – The functional disability suffered was assessed as 100% and relevant factor was
201.66 as per Schedule IV to the Act – Consequently, the compensation payable to the appellant worked out to Rs. 4,83,984/- – Further, a lump sum amount of Rs.1,00,000/- awarded towards hospitalization and medical expenses incurred by the appellant. Allowing the appeal, the Court
HELD: 1. Various Judgments of the Supreme Court are instructive for assessing the compensation payable to the appellant in the present case. As a consequence of the accident, the Appellant has been incapacitated for life, since he can walk only with the help of a walking stick. He has lost the ability to work as a driver, as he would be disqualified from even getting a driving license. The prospect of securing any other manual labour job is not possible, since he would require the assistance of a person to ensure his mobility and manage his discomfort. As a consequence, the functional disability suffered by the Appellant must be assessed as 100%. [Para 11][562 A-B]
Raj Kumar v. Ajay Kumar and Ors. (2011) 1 SCC 343 : [2010] 13 SCR 179; K. Janardhan v. United India Insurance Co. Ltd. (2008) 8 SCC 518 : [2008] 8 SCR 157; S. Suresh v. Oriental Insurance Co. Ltd. & Anr. (2010) 13 SCC 777 : [2009] 14 SCR 990 - relied on.
2. The judgment of the High Court affirmed on assessing the income of the Appellant at Rs. 4,000/- p.m. as per the evidence of his employer. The “functional disability” of the Appellant is assessed as 100%, and the relevant factor would be 201.66 as per Schedule IV to the Workmen’s Compensation Act, 1923. Consequently, the compensation payable to the Appellant would work out to Rs. 4,83,984/- under Section 4 of the Act. [Para 12][562 C-D]
3. The Appellant has not been awarded any amount towards reimbursement of the medical expenses incurred by him, either by the Commissioner, or by the High Court. The Appellant underwent hospitalization for a period of 65 days’ for medical treatment and surgical operations. This Court deems it just and appropriate to award a lump sum amount of Rs. 1,00,000/- towards hospitalization and medical expenses incurred by the Appellant. [Paras 13][562 D-E]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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