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Supreme Court of India 2017-04-21 allowed

Basappa vs Basvaraj M. Tuppad & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A professional driver suffered loss of one eye in a workplace injury. The Workers' Compensation Commissioner awarded Rs. 4,28,376/-, but the High Court reduced it to Rs. 1,71,350/- based on the assessed 30% physical disability. The Supreme Court held that compensation must reflect actual earning capacity loss, not merely medical disability percentage. For a professional driver, loss of one eye means total incapacity for the job, resulting in 100% loss of earning capacity despite only 30% physical disability. The Court restored the full award and directed payment with interest.

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