Driver rendered unfit to drive after accident entitled to 100% loss-of-earning compensation: Uttarakhand HC

Dehradun: Uttarakhand high court has held that “if a professional driver becomes completely unfit to operate a vehicle following an accident, the loss of earning capacity must be treated as 100%, regardless of the percentage of physical disability assessed medically”.A single bench of Justice Ravindra Maithani on Tuesday delivered the ruling in the case of Bhupendra Singh Rawat vs Ravindra Prakash Pant, modifying an earlier order passed by the workmen compensation commissioner and district magistrate, Pithoragarh.The lower authority had calculated compensation on the basis of 60% loss of earning capacity, considering that the appellant’s physical disability had been assessed at 75%. However, the high court held that “for a professional driver, complete inability to drive amounts to total loss of livelihood and compensation must reflect that reality”.According to the case records, Bhupendra had been working as a driver since 2009. On March 8, 2010, he met with a serious accident while driving in Munsyari and suffered multiple fractures. A medical board later certified him with 75% permanent disability.Referring to Supreme Court principles and precedents, including the Birendra Kumar case, the high court observed that “when a person becomes incapable of continuing in his primary profession due to disability and even his driving licence cannot be renewed, the loss of earning capacity should be treated as 100%, even if the physical disability is lower”.Allowing the appeal, the court enhanced the compensation from Rs 2.3 lakh to Rs 3.9 lakh. The court also revised the interest awarded in the case, holding that the 8% interest granted by the lower authority was contrary to section 4-A(3) of the Employees’ Compensation Act, 1923. It directed that the claimant be paid interest at 12% per annum on the entire compensation amount from one month after the date of the accident, that is, from April 7, 2010.