News By/Courtesy: Neha Mishra | 22 Nov 2021 17:15pm IST


  • Karnataka High Court held that WHO guidelines for assessing disabilities for the purpose of compensation is not valid in India.
  • An appeal against this judgement was made in the Supreme Court.
  • The Supreme Court held that the guidelines are to be followed in India and decided the compensation on the basis of WHO guidelines.

An order of Karnataka High Court which diminished remuneration payable to an impaired worker because the doctor had decided the extent of disabilities according to the standards of World Health Organisation [WHO] and such standards don't work in India yet, just in developed nations, was set aside by the Supreme Court. A Division Bench of Judges Hemant Gupta and V Ramasubramanian said that clinical investigations as reflected in WHO manuals are not confined in their application to the developed nations yet work regarding the whole world.

"Thusly, decreasing the degree of incapacity on the ground that the WHO standards are for the high-level nations and not in regard of India, is not reasonable," the Apex Court held. The request was passed on an appeal recorded by one Shri Salim against a request for the Karnataka High Court which had decreased the degree of handicap from 45% to 15 per cent and cut down the remuneration proportionately. Given the opinions of the doctor, who assessed the handicap at 45%, the Chief under the Representatives' Remuneration Act, 1923 had granted an amount of 5.46 lakh to Salim.

The High Court by its order had decreased it to 1.46 lakh on the sole ground that the doctor had surveyed the handicap according to WHO standards and such standards exude from financial variables that work in developed nations and not in the nation like India. "We observe that the whole thinking of the High Court experiences patent illicitness. According to Dr Sangayya, the inability of 45% was evaluated in the wake of going through ALMCOI and WHO manuals.

Such clinical examinations are not confined to the high-level nations yet in regard of the whole world," the High Court held. It, hence, put away the High Court request and reestablished the pay granted by the Commissioner. Counsellor on-Record Ganesh Kumar advocates Manjunath Meled and Sandeep Sharma showed up for the appealing party. Advocate-on-Record Rameshwar Prasad Goyal and Counselor JPN Shahi showed up for the respondent.

Section Editor: Kadam Hans | 22 Nov 2021 19:46pm IST

Tags : #employee #disabilities #compensation #WHO #Supreme Court #High Court #Karnataka #appeal #judgement #guidelines

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