Supreme Court · 2010 INSC 579 · Decided 7 September 2010
Palraj v. The Divisional Controller, Nekrtc
- Court
- Supreme Court of India
- Citation
- 2010 INSC 579 · [2010] 11 S.C.R. 89
- Case number
- CIVIL APPEAL No. 7430/2010
- Decided
- 7 September 2010
- Bench
- ALTAMAS KABIR, A.K. PATNAIK (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Workmen's Compensation Act Section 4
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 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 computed keeping in mind the alternate
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