Bombay High Court
THE DIVISIONAL CONTROALLER MSRTC AMBEJOGAI AND ANRversusDAGADU SAYYED SHAIKH
- Disposal
- DISMISSED
Holding
The appeal is dismissed, upholding the assessment of 100% loss of earning capacity under the Workmen's Compensation Act.
Summary
The respondent, a driver employed by the Maharashtra State Road Transport Corporation, suffered multiple fractures in a road accident and received Rs.25,000 under the Motor Vehicles Act on a no-fault basis. He also filed a claim under the Workmen's Compensation Act for loss of earning capacity, which was assessed at 100% with deductions for the Motor Vehicles Act award and medical expenses of Rs.74,211. The appellants argued that the loss of earning capacity should not be fixed at 100% despite the respondent being forced to quit his job due to disability, but they presented no evidence. The court found no substantial question of law and upheld the Compensation Commissioner's assessment of 100% loss of earning capacity. Consequently, the appeal was dismissed, the deposited amount was ordered to be paid to the respondent with interest, and the related civil application was disposed.
Issues considered
- Whether the loss of earning capacity of the employee can be fixed at 100% when he is compelled to quit employment due to injuries sustained in a road accident.
Legislation cited
Subjects
- Workmen's Compensation
- Motor Vehicles Act
- loss of earning capacity
- accident compensation
- employer liability
- appeal dismissed
Judgment
2026:BHC-AUG:37913
919-FA-668-11.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 668 OF 2011
WITH
CIVIL APPLICATION NO. 2749 OF 2011
The Divisional Controller,
Maharashtra State Road Transport
Corporation, Ambejogai and Another ..APPELLANTS
VERSUS
Dagadu Sayyed Shaikh ..RESPONDENT
....
Mr. F.K. Patel, Advocate h/f Mr. R.P. Adgaonkar, Adovate for respondent
....
CORAM : ROHIT W. JOSHI, J.
DATE : 20th AUGUST, 2026
PER COURT :
1. The respondent, while in the employment as driver with the
Appellants, met with a road accident and suffered injuries. He claimed
compensation under the Motor Vehicles Act and received Rs.25,000/- towards
claim on no fault basis. Apart from that he has also preferred a claim
application under the Workmen’s Compensation Act, which came to be
registered as W.C.A. NO. 6 of 2010. The claim is computed on the basis of
loss of earning capacity at 100%. The amount of Rs.25,000/- awarded under
the Motor Vehicles Act was deducted from the said award. An amount of
Rs.74,211/- paid by the appellants to the respondent towards medical
expenses was also deducted.
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919-FA-668-11.odt
2. The only contention of learned counsel for the Appellants is that
the loss of earning capacity should not have been fixed at 100% for the reason
that the learned Compensation Commissioner does not dispute that after
having suffered injuries, the respondent was forced to leave employment.
The respondent sustained fracture injuries to left shaft femur and fracture
injuries to left tibia fibula and fracture to right leg and other injuries on his
person, as a consequence of which he could not drive bus as earlier. It is also
not in dispute that the respondent was required to quit employment on
account of disability suffered due to injuries in the road accident. The
respondent–employee has examined the doctor in support of his case of 100%
loss of earning capacity. As against this, the Appellants have not led any
evidence.
3. In view of above, no substantial question of law arises for
consideration in the appeal. As such, First Appeal is dismissed with no order
as to costs.
4. The amount deposited by the Appellants with the Compensation
Commissioner be disbursed to the Respondent – employee alongwith the
accrued interest, if any.
5. Civil application stands disposed of accordingly.
( ROHIT W. JOSHI, J. )
SSD
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