NDLI: Chandramma Vs. Manager, Regional Office, Ncc Limited and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1923 – s.2(1)(l) – Total Disablement Employees Compensation Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
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	Employees Compensation Act, 1923 – s. 2(1)(l) – Total Disablement – When –Determination of quantum of compensation – Appellant, a skilled labour was involved in construction work, fell down from second floor to ground floor when the centering plate collapsed on her head – Commissioner for Workmen’s Compensation while holding disability to the whole body at 20%, assessed compensation at Rs. 1,75,000/- – High Court partly allowing the appeal filed by the appellant enhanced the compensation to Rs. 2,19,512/- – Held: Appellant suffered from disablement of permanent nature which incapacitated her from doing the work which she was capable of doing, which is that of a laborer – Thus, the Commissioner was wrong in holding that the disability of the appellant will have to be treated as 20% disability as work of the appellant involves lifting heavy weights and she has been rendered incapable from doing such work due to her disability – Case of the appellant is covered by the definition of ‘total disablement’, being 100% disabled – Functional disability of the appellant is liable to be assessed as 100%, compensation determined accordingly – Total compensation works out to be Rs. 9,26,216/- rounded of to Rs. 9,30,000/- to be paid with interest @ 9% per annum from the date of making the application till the date of actual payment – Respondent-Insurance Company to pay the enhanced amount of compensation as directed. Employees Compensation Act, 1923 – Objective of – Discussed.Employees Compensation Act, 1923 – s. 2(1)(l) – Total Disablement – Held: Total Disablement is defined u/s. 2(1)(l) to mean such disablement whether of a temporary or permanent nature as incapacitates a workman for all work which he was capable of performing at the time of accident resulting in such disablement and every injury specified in Part I of Schedule I or combination of injuries specified in Part II of Schedule I where aggregate percentage, as specified in Part II against those injuries amounts to 100% or more – Further, two types of Total Disablement: Temporary Total Disablement & Permanent Total Disablement, discussed.Employees Compensation Act, 1923 – s. 2(1)(g) – Partial Disablement – Temporary Partial Disablement & Permanent Partial Disablement – Distinction between – Held: Distinction between the two types of partial disablement depends on the fact whether the disablement results in reduction of earning capacity in the particular employment in which the employee was engaged at the time of the accident or in all employment which the employee was capable of doing – In the former case the partial disablement is called temporary and in the latter case permanent – Every injury specified in Part II of Schedule I of the Employees’ Compensation Act shall be deemed to result in permanent partial disablement.Words and Phrases: “Compensation”, “Just Compensation” – Discussed – Employees Compensation Act, 1923 – ss. 3, 4. “Partial Disablement”, “Total Disablement”– Discussed – Employees Compensation Act, 1923 – ss. 2(1)(g), 2(1)(l) .
Judge	Hon'ble Mr. Justice Krishna Murari
Neutral Citation	2022 INSC 1265
Petitioner	Chandramma
Respondent	Manager, Regional Office, Ncc Limited And Anr.
SCR	[2022] 17 S.C.R. 713
Judgement Date	2022-12-09
Case Number	9069

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