Karnataka High Court passed an order which reduced compensation payable to a disabled employee on the ground that the doctor determined disability as per the norms of the World Health Organisation [WHO] and such norms do not operate in India but only in advanced countries.
The Supreme court on 22nd November 2021, set aside the order.
A Division Bench of Justices Hemant Gupta and V Ramasubramanian in the case of (Shri Salim v. New India Assurance Company Ltd), said that medical studies as reflected in WHO manuals are not restricted in their application to the advanced countries but operate in respect of the entire world, reducing the extent of disability on the ground that the WHO norms are for the advanced countries and not in respect of India, is patently not sustainable.
The order was passed on an appeal filed by one Shri Salim against an order of the Karnataka High Court which had reduced the extent of disability from 45 percent to 15 percent and also brought down the compensation proportionately.
The court observed that the entire reasoning of the High Court suffers from patent illegality. As per Dr. Sangayya, the disability of 45% was assessed after going through ALMCOI and WHO manuals. Such medical studies are not restricted to advanced countries but in respect of the entire world.
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