Job change no ground for denying relief: Madras High Court

Source: newindianexpress.com

MADURAI: Observing that giving alternative employment to an employee who became disabled during a workplace accident cannot be a ground to deny their compensation, the Madurai Bench confirmed the  award of compensation to a bus conductor who lost his left leg while on duty in 2010.

Justice J Nisha Banu gave the verdict while dismissing an appeal filed by Tamil Nadu State Transport Corporation (Kumbakonam division), which challenged an order passed by Workmen Compensation Commissioner of Tiruchy in 2015, directing the transport corporation to pay Rs 6.39 lakh compensation to the bus conductor P Seetharaman.

The transport corporation contended in the appeal that since Seetharaman was given alternative employment with pay protection, the company cannot be held liable for payment of compensation. Moreover, there is no loss of earning capacity as alleged by the claimant, it added.

However, Justice Banu rejected the contentions by holding that loss of earning capacity cannot be determined by comparing the wages drawn by the employee before and after the accident. “The plea contending that compensation could not be awarded due to no loss in the wages, cannot be accepted,” she added.