Loss of Earning Capacity for Professional Drivers is 100% if Injuries Prevent Driving Operations.

The appellant (claimant) was employed as a driver by respondent no. 1

On 08.03.2010, while driving the vehicle (Registration No. UP03 4759), he met with an accident resulting in 75% permanent physical disability as certified by a Medical Board

The Workman Compensation Commissioner, Pithoragarh, held that the claimant sustained a 60% loss of earning capacity and awarded Rs. 2,39,457/- with 8% interest

The appellant challenged this order, seeking compensation based on 100% loss of earning capacity and 12% interest as per statutory provisions

1. Whether the Workmen Compensation Commissioner can pass any order beyond the statutory provisions of the Employee’s Compensation Act, 1923?

2. Whether the driver, who suffered 75% permanent physical disability and can no longer drive, has incurred a 100% loss of earning capacity under the Act?

Section 2(l) of the Employee’s Compensation Act, 1923, which defines "total disablement" as such disablement that incapacitates an employee for all work they were capable of performing at the time of the accident

Section 4-A(3) of the Act, which mandates interest at the rate of 12% per annum if compensation is not paid within one month of falling due

Pratap Narain Singh Deo v. Srinivas Sabata and S. Suresh v. Oriental Insurance Company Limited, which established that if an injury renders a professional (like a driver) unfit for the specific work they were performing at the time of the accident, it constitutes 100% loss of earning capacity regardless of the medical disability percentage

The Court observed that while the Medical Board certified a 75% physical disability, the claimant (a driver by profession) testified that he could no longer drive or perform day-to-day work, a statement corroborated by medical evidence

Following the ratio in S. Suresh, the Court reasoned that since the appellant is now incapacitated from performing the specific "work which he was capable of performing" (driving) at the time of the accident, the loss of earning capacity must be treated as 100%

The Court found the Commissioner's award of 8% interest to be in violation of the mandatory statutory rate of 12% prescribed under Section 4-A(3) of the Act

On Issue 2, it held that the appellant suffered 100% loss of earning capacity

The appeal was allowed, and the award was modified to Rs. 3,99,096/- (representing 100% capacity loss). The Court further ordered interest at the rate of 12% per annum, effective from 07.04.2010 (one month after the date of the accident) until realization.