finding of fact that the appellant’s permanent disability should be
treated as 100% functional disablement as she cannot act in the films ... claimant does not suffer
from 100% physical permanent disability, he suffers from 100% functional
disability if he loses the capacity to pursue his work
wrongly taken the percentage of permanent disability at 6%, whereas, the Disability Certificate would show 54% permanent disability to the whole body. Sri Bhat would ... permanent physical disability in respect of the whole body as per P.W. 3, the Court should take into account functional disability also
permanent physical
disability of 45% of the whole body as certified by the doctor and further
was a functional disability of 100% as the appellant ... manner as he used to prior to the accident and therefore, functional
disability of the appellant ought to be considered
that the Appellant had suffered 65% of total body
disability and 20% of functional disability. The
Commissioner, Workmen's Compensation, however, took ... functioning as a
Driver was concerned and that his total disability
had been found to be 65% while his functional
disability was assessed
disability certificate
issued by the Medical Board constituted by the competent
authority. The permanent disability also results in functional
disability and the loss of earning ... percentage of permanent disability, the Tribunal
has to seek clarification as to whether such
percentage of disability is the functional
disability with reference
assessed the disability had given a disability certificate assessing the disability at 95%.(total permanent disability 70%, partial disability 25%). The disability certificate is marked ... functional disability.
23. Only if the permanent disability suffered by a person affects the functioning of the entire body the functional disability can be assessed
case. There may be even
situations where the physical disability does not involve any
functional disability at all.
6. Now, we shall refer ... such circumstances, the percentage of physical
disability can be safely taken as the extent of functional disability.
In the assessment of the doctor
functional disability and loss of earning capacity as follows :
Civil Appeal No.5623 of 2006
Permanent/partial disability - 65 per cent
Functional disability ... disabled as far as functioning as a driver was concerned and that his total
disability had been found to be 65% while his functional disability
disability certificate
issued by the Medical Board constituted by the competent
authority. The permanent disability also results in functional
disability and the loss of earning ... percentage of permanent disability, the Tribunal
has to seek clarification as to whether such
percentage of disability is the functional
disability with reference
finding of fact that the appellant‟s permanent disability
should be treated as 100% functional disablement as she
cannot act in the films ... claimant
does not suffer from 100% physical permanent disability,
he suffers from 100% functional disability if he loses the
capacity to pursue his work
