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  IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2201 OF 2011 IN  

SPECIAL LEAVE PETITION (C) NO. 20082 OF 2009

SOMASHEKHAR A.S.    .....   APPELLANT

VERSUS

UNITED INDIA INSURANCE CO. LTD.   .....   RESPONDENT

O R D E R

1. Leave granted.

2. We have heard learned counsel for the parties.

3. We have gone through the Award of the Tribunal and  

find that the compensation had been determined on the  

basis of the age factor as well as the disability of 60  

per cent as would be clear from paragraph 27 of the  

order  of  the  Commissioner  for  Workmen's  Compensation  

(page 62 of the paper book).  While taking this into  

account,  the  Tribunal  found  that  compensation  payable  

was `  4,95,984/-.   This amount has been reduced by the  

High Court to ` 3,12,469/-.   

4. After hearing learned counsel for the parties we  

find that the High Court was not justified in reducing  

the amount any further as the earning capacity was to be  

reduced  by  60  per  cent  and  not  63  per  cent.   We,  

accordingly,  restore  the  order  of  the  Tribunal  and

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direct  that  the  appellant  would  be  entitled  to  the  

compensation awarded by the Tribunal.

5. The learned counsel for the Insurance Company has,  

however,  contended  that  the  loss  had  been  determined  

properly   by  the  High  Court  at  60  per  cent,  as  per  

Section 4 of the Workmen's Compensation Act.  We have  

gone  through  this  provision  and  find  that  appellant  

claimed a loss at 60 per cent and that is what has been  

awarded by the Tribunal.        

6. We, accordingly, allow the appeal and set aside  

the judgment  of the High Court and restore that of the  

Tribunal.

     ........................J       [HARJIT SINGH BEDI]

     ........................J       [CHANDRAMAULI KR. PRASAD]

NEW DELHI MARCH 01, 2011.