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2. Whether the injured/claimant is entitled for compensation ? If so, to what amount and from whom ?

3. Relief.

5. It is pertinent to mention here that the present DAR was disposed of by Ld. Predecessor while passing an award vide order dated 20.12.2016. However, the respondent insurance company had preferred an appeal bearing MACP No. 280/17 before the Hon'ble Delhi High Court seeking reduction of the award amount whereas the claimants had also filed an appeal bearing MACP No. 24/2018 seeking enhancement of the award amount and the Hon'ble Delhi High Court vide its order dated 22.02.2018 passed in both the aforesaid appeals has remanded back the matter to the Tribunal for fresh adjudication after adducing additional evidence by the parties as it was submitted by the claimant that though he was reported to have not suffered any permanent disability by the doctors, but being employed as a Sepoy under Special Frontier Force, he was permanently placed in Category '2' for physical fitness/functional capacity from the higher Category '1' of the fitness and it has adversely affected not only his length of service, but also his promotional prospects which resulted into financial losses to him.

23. The claimant in his additional affidavit Ex. PW1/B has claimed that he was working as a Sepoy under '1 Archer' Unit (Commando) Special Frontier Force (SFF) to Infantry Corps of Indian Army and was placed in the highest category of physical fitness/functional capacity for Junior Commissioner Officers (JCOs/OR), i.e. Category '1', but due to permanent disability suffered by him in the accident, he has been permanently placed in Category '2' of physical fitness/functional capacity, accordingly to the physical standards for categorizations of serving JCOs/OR. He further claimed that he was placed under A2(P) category vide doctor's certificate dated 08.11.2015 for two years wherein the doctors opined that due to low medical category, he was not permitted to perform duties involving extreme physical exertion and para jumping. It was also mentioned in the certificate that category/restrictions of duty with respect to his physical condition was to be decided after a period of two years, pursuant to which the claimant was re-examined by the medical board of Base Hospital, Delhi Cantt. on 14.11.2014 and he was categorized in low medical category 'A2(P)' vide certificate dated 28.11.2017 Ex. PW1/5. He further claimed that he is not fit for duties at hilly terrain, altitude above 2500 metres and extreme cold areas due to low medical category and in support of the same, he has placed on record copy of extract of rules as Ex. PW1/6.

28. The claimant has also examined Captain Pushib Rajput, Team Cdr., 1 Archer (Commando), PIN 933001, C/o 56 APO, presently at Delhi as PW5 who tendered his evidence by way of affidavit Ex. PW5/A and relied upon the copy of his authority letter as Ex. PW5/1, copy of record of service as Ex. PW5/2, Log Book of Para Jumps as Ex. PW5/3 and copy of extract of rules already exhibited as Ex. PW1/6.

29. The averments made by the claimant/injured that he was working as a Sepoy under '1 Archer' Unit (Commando) Special Frontier Force (SFF) to Infantry Corps of Indian Army is not disputed anywhere by the respondents. Further, it has been proved on record by the claimant that he was in the category 1 before the accident, but after the present accident, he has been permanently placed under the category 2, i.e. A2(P) due to physical/functional disability. In the present case, though the claimant has not suffered permanent disability in normal parlance as per medical record, however, considering his designation and job profile, his functional disability has to be assessed.