Supreme Court of India
Palraj v. The Divisional Controller, Nekrtc
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the percentage of functional disablement has to be modified from 20% to at least 35%, having regard to the Appellant's mobility on account of the medical treatment received after the accident F and also because of the Appellant's loss of future earnings and also promotion.
Judgment, page 13
From the headnote
Workmen's Compensation Act, 1923: s.4 and Schedule I, Part II - Compensation due to disability during employment - State Road Transport Corporation bus met with accident - Appellant, the bus driver, lost use of his legs and became disabled from driving any bus - He claimed compensation - Held: For determining compensation, functional disability resulting in loss of earning capacity is the criteria - Although the driver became totally disabled from driving any vehicle, he remained in a position to earn a living other than by functioning as a driver - The loss of earning capacity has to be
Where later benches applied it
- 2013 Rekha Jain v. National Insurance Co. Ltd.
- 2021 Nawal Kishore Sharma v. Union of India and Ors.
- 2015 U.P. State Road Transport Corp. &anr. v. Gopal Shukla & Anr.
Of those, 1 referred to · 2 mentioned
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