Disability assessment must account for its effect on a driver’s earning capacity.

The appellant, an auto-rickshaw driver employed by respondent No. 1, was injured when the vehicle he was driving overturned on 3 October 2009.

He claimed compensation under the Workmen’s Compensation Act, 1923. The Commissioner awarded ₹66,300, assessing disability at 15% of the whole body.

The claimant appealed under Section 30(1) of the Act, seeking enhancement on the ground that the Commissioner had misread the doctor’s assessment of 24% disability as relating to the affected limb rather than the whole body.

The doctor’s certificate recorded persistent pain and swelling, restricted ankle movement, and difficulty squatting, climbing stairs, and walking on uneven surfaces.

Whether the Commissioner’s assessment of disability was perverse and required modification.

The appeal was brought under Section 30(1) of the Workmen’s Compensation Act, 1923, which permits an appeal on a substantial question of law.

In assessing compensation, the Court applied the calculation reflected in the award: 60% of monthly wages multiplied by the relevant age factor and the percentage of loss of earning capacity.

The Court also relied on Oriental Insurance Co. Ltd. v. Siby George & Ors., (2012) 12 SCC 540, and later decisions for the rule that interest at 12% per annum is payable from the date of the accident.

The doctor’s certificate assessed disability at 24% of the whole body, but the Commissioner treated it as disability to the left lower limb and assessed whole-body disability at 15%. The High Court found that assessment contrary to the documentary evidence and therefore perverse.

Given the claimant’s work as an auto-rickshaw driver, the left-foot impairment, pain, and resulting difficulties could affect his earning capacity despite being confined to that foot.

The Court accordingly assessed disability at 20% and calculated compensation using the Commissioner’s monthly income of ₹4,000, the age factor of 184.17, and the 60% wage component.

It enhanced compensation to ₹88,401, with interest at 12% per annum from the date of the accident.

The insurer was directed to deposit the additional compensation within six weeks, after which the enhanced compensation and interest were to be released to the claimant electronically.