“Total disablement” in terms of S. 2(1)(l) is the extent of functional disability and not just physical disability, which is the determining factor in assessing total disablement of claimant. Further held, where disablement incurred in accident incapacitates workman for all work which he was capable of performing at time of accident resulting in such disablement, it should be taken as total disablement for purpose of awarding compensation, irrespective of whether injury sustained is specified in Pt. I of Sch. I
[Indra Bai v. Oriental Insurance Co. Ltd., (2023) 8 SCC 217]
Case Comment:
In the instant case, on the basis of medical certificate provided by the Board, the Commissioner found the appellant unfit for labour inasmuch as there was complete loss of grip in appellant’s left hand. Prior to the accident, the appellant worked as a loading/unloading labourer. Even if she could use her right hand, the crux is whether she could be considered suitable for performing her task as a loading/unloading labourer. Such a task is ordinarily performed by using both hands. There is no material on record from which it could be inferred that the appellant was skilled to perform any kind of job by use of one hand. It is also not a case where the appellant had the skill to perform her job by using machines which the appellant could operate by using one hand. In such circumstances, when the Board had certified that the appellant was rendered unfit for labour, there was no perversity in the decision of the Commissioner in awarding compensation by treating the disability as total on account of her functional disability. Consequently, no question of law, much less a substantial one, arose for consideration by the High Court so as to allow the appeal in exercise of power under Section 30 of the Act. Held, the High Court erred in partly setting aside the order of the Commissioner.
Subscribe to our updates now and be the first to know about the latest news and developments.
Subscribe here: https://relegal.in/subscribe/