Employer’s liability to pay compensation: Appellant driver of goods carrier meeting with serious accident resulting in his right upper limb above wrist joint being amputated consequent to which he losing his capacity to drive vehicle. Commissioner was justified in finding appellant’s disability at 100%. Para 9. Therefore, the impugned judgment cannot be sustained and will have to be set aside. Para 12. Contention raised before Supreme Court for the first time by respondent that it was not liable to pay compensation since appellant did not possess driving license to drive commercial goods carrier, not entertained. In absence of any challenge to impugned judgment by respondent assessing appellant’s disability as 70% partial permanent disability instead of 100% as found by Commissioner and hence, proportionately reducing amount of compensation, employer cannot dispute its liability to pay compensation since it was held liable by High Court.

[Arjun v. Iffco Tokio General Insurance Co. Ltd., (2022) 5 SCC 706]

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Do not copy the content of this website.

Terms And condition

The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:

  1. The user wishes to gain more information about Re Legal, its practice areas for his/her own information and use
  2. That the information provided in the website is only for personal use or reference of the visitor and is provided only on his/her specific request.
  3. That the material available for downloading on the website and other information provided on the website would not create any lawyer-client relationship.
  4. That we are not responsible for any consequence of any action taken by the user relying on material/information provided under this website.
  5. That in case the visitor has any legal issues; he or she should seek independent legal advice.

The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising.