Employee’s Compensation Act, 1923
Sections 4—Compensation—Enhancement—Permanent partial disablement—Appellant, a skilled labour, fell down from second floor to ground floor when the centering plate collapsed on her head—Commissioner for Workmen’s Compensation awarded Rs. 1,75,000 as compensation which was enhanced by High Court to Rs. 2,19,512 by assessing income of appellant at Rs. 8,000 p.m.—Disablement has incapacitated appellant from doing the work which she was capable of doing—Commissioner was wrong in holding that disability of appellant will have to be treated as 20% disability as the work of an appellant involves lifting heavy weights and appellant has been rendered incapable from doing such work due to her disability—Case of appellant will be covered by definition of ‘total disablement’, therefore, being 100% disabled—Functional disability of appellant being 100%, her age being 40 years and income being Rs. 8000, 60% whereof works out to be Rs. 4800 and applying the multiplier of 184.17, as per Schedule IV of the 1923 Act, the compensation works out to be Rs. 8,84,016—Adding an amount of Rs. 42,200 towards medical expenses for which the bills were presented, the total compensation works out to be Rs.9,26,216/- rounded of to Rs. 9,30,000 with interest @ 9% p.a.—Appeal allowed.
[Paras 18 to 24]
Words and Phrases
Disablement and total disablement—Meaning under Employee’s Compensation Act—Explained.
Held : Disablement is a wide term and under the 1923 Act, it is divided into two categories ie., Partial disablement and total disablement. According to Section 2(1) (g) of the Act ‘Partial Disablement’ means, where the disablement is of a temporary nature, such disablement reduces the earning capacity of an employee in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time. Thus, Section 2(1) (g) classifies partial disablement into two kinds, namely, (a) Temporary partial disablement and, (b) Permanent partial disablement.
The 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 he 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 Il of Schedule I of the Employees’ Compensation Act shall be deemed to result in permanent partial disablement.
Whereas, “Total Disablement” is defined under Section 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. Total disablement is of two types-:
i. Temporary Total Disablement– In temporary total disablement the earning capacity of a workman is lost for a temporary period, for all work which he was capable of performing at the time of accident.
ii. Permanent Total Disablement– Total permanent disability (TPD) is a condition in which an individual is no longer able to work due to injuries. Total permanent disability, also called permanent total disability, applies to cases in which the individual may never be able to work again.
[Paras 13 & 14]