M/S. New India Assurance Co. Ltd. vs Smt. Satya Rani & Anr.
2014 Latest Caselaw 847 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         FAO No.23/2008

%                                                    13th February, 2014

M/S. NEW INDIA ASSURANCE CO. LTD.            ..... Appellant
                   Through: Mr. D.K. Sharma, Advocate.



                          Versus


SMT. SATYA RANI & ANR.                                     ..... Respondents
                   Through:              Mr. R. K. Nain, Advocate.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA


To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)



1.           This first appeal is filed under Section 30 of the Employee's

Compensation Act, 1923 (hereinafter referred to as 'the Act') impugning the

order of the Commissioner dated 7.9.2007 which has assessed the disability

as 100% loss of the earning capacity and has granted compensation as per

the formula under Section 4(1)(b) of the Act of a sum of Rs.3,67,416/-.



FAO No.23/2008                                                  Page 1 of 3
 2.           Counsel for the appellant argues that as per the disability

certificate filed by the respondent no.1, and the applicant before the

Commissioner, disability is only shown at 38% with the observation that

there is a possibility of improvement and therefore 100% disablement should

not have been considered by the Commissioner.

3.           In my opinion, the argument urged on behalf of the appellant is

misconceived for the reason that as per Section 2(l) of the Act, total

disablement means such disablement whether temporary or permanent

which incapacitates the employee from the work which he was capable of

performing at the time of accident resulting in the disablement. In the

present case, it has been established on record that the employee, who was a

driver, as a result of the accident received multiple fractures in both his legs,

and that too of a person who is 50 years of age. In such a situation, there is

100% disability of the employee so far as the work of driving which he was

carrying out, in view of Section 2(l) of the Act. Any doubt, in this regard, is

removed by the judgment of the Supreme Court in the case of Pratap

Narain Singh Deo Vs. Shrinivas Sabata and Anr. (1976) 1 SCC 289 and

which judgment clearly holds that disablement has to be taken as 100% if

the insured employee is not able to do the work which he was performing at

the time of accident.
FAO No.23/2008                                                   Page 2 of 3
 4.           In view of the above, there is no merit in the appeal, and the

same is therefore dismissed, leaving the parties to bear their own costs.




FEBRUARY 13, 2014                             VALMIKI J. MEHTA, J.

Ne