Court grants Rs. 3,99,096 with 12% interest to injured driver under the Workmen's Compensation Act.
In a landmark decision, the Uttarakhand High Court has ruled in favor of a driver who sustained severe injuries resulting in 75% permanent disability, leading to a 100% loss of earning capacity. The judgment, delivered by Justice Ravindra Maithani, overturned an earlier compensation award, granting the driver full compensation as per the Workmen's Compensation Act, 1923.
The appellant, Bhupendra Singh Rawal, was employed as a driver and was earning a monthly salary of Rs. 4,000. On March 8, 2010, while driving a vehicle owned by one of the respondents, he met with an accident that left him with grievous injuries. The Medical Board certified his disability as permanent, rendering him incapable of performing his job as a driver.
Initially, the Workman Compensation Commissioner awarded Rawal Rs. 2,39,457, assessing his loss of earning capacity at 60%. However, Rawal appealed, arguing that his disability should be considered as resulting in a total loss of earning capacity, given his profession as a driver.
Justice Maithani referenced several precedents, including the Supreme Court's judgment in S. Suresh v. Oriental Insurance Co. Ltd., which supported the view that such a degree of disability for a driver constitutes a 100% loss of earning capacity. The court emphasized that a driver unable to drive due to disability is effectively rendered totally disabled for the work he was performing before the accident.
The High Court recalculated the compensation to Rs. 3,99,096, affirming that Rawal should receive this full amount with an interest rate of 12% from one month post the accident date, as stipulated under Section 4-A(3) of the Workmen's Compensation Act.
The decision underscores the judiciary's recognition of the severe impact of disabilities on workers' earning capacities and the necessity of aligning compensation with actual losses faced by injured workers.
Bottom line:-
Workmen's Compensation Act - A driver who sustains 75% permanent disability and is rendered incapable of performing his job as a driver is entitled to 100% loss of earning capacity.
Statutory provision(s): Workmen's Compensation Act, 1923, Sections 2(l), 4-A(3)
Sri Bhupendra Singh Rawal v. Sri Ravindra Prakash Pant, (Uttarakhand) : Law Finder Doc id # 2900255
