60% permanent disability due to loss of vision of right eye would be considered as total disablement. - The Employees’ Compensation Act, 1923
When the permanent disability incapacitates a workman for all work which he was capable of performing at the time of accident, such a disability is covered by the term 'total disablement' irrespective of 60% functional disablement assessed by the Medical Officer. It is not the physical incapacity but Incapacity to secure employment, produced by the injury which caused the disablement. The permanent or functional disablement may be assessed around 60% but loss of vision of one eye and movement in one leg has made the driver incapable of earning i.e .. he has lost 100% capacity to drive a vehicle and nobody would prefer to give him any job. Hence, computation of his entitlement to compensation, keeping in view total disablement, is not having any infirmity.
-Royal Sundaram Alliance Insurance vs. Manoj Laxmari Patil and Another. 2017 Lab IC 2299 (Bom. HC.)
The Employees Compensation Act,1923
Call us on 09920-100-462 |Request a quotation
LK Nakashe Consultants Pvt. Ltd is India’s leading compliance & labour law consulting firm. Headquartered in Mumbai, we are ISO 9001 Certified & Crisil Certified, and we serve all 29 states and 7 union territories of India. Our service bouquet includes Registration & Renewal Services, End-to-End Monthly Compliance Services, Audit & Due Diligence Services, Advisory & Consulting Services, Payroll Management Services and Contract Staffing Services. Our client list of 750+ companies includes some of India’s biggest business conglomerates, MNCs, public listed companies & SMEs