NDLI: Sri Chanappa Nagappa Muchalagoda Vs. Divisional Manager, New India Insurance Company Limited

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Workmen’s Compensation Act 1923 s.4 and relevant factor of 201.66 as per Schedule IV
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Employee’s Compensation Act, 1923 (8 of 1923)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Workmen’s Compensation Act, 1923 – s.4 and relevant factor of 201.66 as per Schedule IV – Enhancement of the compensation – The appellant-driver, while driving a truck lost control of it due to an axle cut and dashed against a rock on the side of the road – As a consequence, the appellant suffered grievous injuries all over his body – Appellant underwent hospitalization for 65 days – His right leg was permanently injured, which resulted in complete disability to continue his vocation as a driver of a heavy motor vehicle – Appellant filed claim against the truck owner and the Insurance Company – Commissioner awarded Rs.1,81,494/- as compensation – High Court enhanced the compensation to Rs. 2,90,390/- with interest @ 12% p.a. payable from one month after the date of the accident – On appeal, held: The medical evidence on record corroborated appellant’s inability to stand for a long period of time or even fold his legs – Appellant was incapacitated for life and lost his ability to work as a driver – The functional disability suffered was assessed as 100% and relevant factor was 201.66 as per Schedule IV to the Act – Consequently, the compensation payable to the appellant worked out to Rs. 4,83,984/ - – Further, a lump sum amount of Rs.1,00,000/- awarded towards hospitalization and medical expenses incurred by the appellant.
Judge	Hon'ble Ms. Justice Indu Malhotra
Neutral Citation	2019 INSC 1345
Petitioner	Sri Chanappa Nagappa Muchalagoda
Respondent	Divisional Manager, New India Insurance Company Limited
SCR	[2019] 14 S.C.R. 556
Judgement Date	2019-12-10
Case Number	9306

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Sri Chanappa Nagappa Muchalagoda Vs. Divisional Manager, New India Insurance Company Limited

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Sri Chanappa Nagappa Muchalagoda Vs. Divisional Manager, New India Insurance Company Limited

Sri Chanappa Nagappa Muchalagoda Vs. Divisional Manager, New India Insurance Company Limited

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