Shortening of limb not permanent disability: SC

NEW DELHI: The supreme court has ruled that a person whose limb has shortened on account of fracture resulting from an accident cannot claim to suffer “total permanent disability” for claiming 100% compensation as such persons can use artificial limbs to lead a normal life.

“Some shortening of the legs can be made up with specially manufactured shoes. A person can even drive a vehicle with artificial limbs,” a bench of Justices SB Sinha and Cyriac Joseph observed in a judgement.

The court said a claim for 100% compensation under the Workmen’s Compensation
Act should be backed by medical evidence and other records.

The bench passed the ruling while dismissing an appeal filed by Ramprasad Balmiki, a driver with the Gwalior Cantonment Board. On May 14, 1997, Balmiki fractured his leg when a tempo hit a two-wheeler he was riding. Later he underwent three operations during which his right leg was shortened. The Cantonment Board authorities passed an order of premature retirement on the basis of the report of the civil surgeon, Gwalior, who declared him unfit to drive.

Balmiki filed a claim petition before the Motor Accident Claims Tribunal claiming Rs17.94 lakh for permanent disability in his right leg, loss of service, loss of leave, deficiency and expenses in treatment. The SC said his total loss of earning capacity was only Rs 2000 per month.