Vs
Case brief
What is this about?
This appeal against a Workmen's Compensation award was allowed. The High Court held that a driver losing a leg is entitled to 100% disability and fixed income at Rs. 2,500/- based on 1994 standards, enhancing the compensation to Rs. 2,71,200/-.
What did the court decide?
Enhanced compensation awarded at Rs. 2,71,200/-; insurer directed to deposit enhanced amount with interest.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Judgment Reserved on :19.12.2016
Judgment Pronounced on : 16.11.2017
CORAM: THE HON'BLE Mr.JUSTICE N.SESHASAYEE
C.M.A.No.323 of 2002
and CMP.No.18466 of 2005
K.R.Saravanan .. Appellant
Vs
1.Velu
2 . The New India Assurance Co. Ltd.,
12, New Hospital Road,
Gobichettipalayam,
Erode District. .. Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 30 of Workmen's Compensation Act, against the order dated 07.02.2001 made in W.C.No.219 of 2000 passed by the Deputy Commissioner of Workmen Compensation, Salem and allow this appeal.
For Appellant : Ms.P.T.Rama Devi For Respondents : R1 – Dispensed with R2 - Mr.J.Chandran
JUDGMENT
The appellant was a claimant before the Commissioner under Workmen's Compensation Act. He was a driver of a lorry bearing No.TDS 7603 that belongs to his employer, the first respondent herein. The said vehicle was
Issues for consideration
2 issues framed by the court
Whether the Commissioner was correct in treating the extent of disability based on Schedule I Pt.II List 20.
Whether the disability suffered by a driver who lost a leg should be treated as 100% disability based on the nature of his avocation.
Parties & counsel
- appellant
K.R.Saravanan
- respondent
Velu
- respondent
The New India Assurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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