disability is permanent in nature, then whether it is a total
permanent disablement or partial permanent disablement. If
the disablement has been referred/expressed ... activities and functions to earn or can continue to earn his
livelihood despite permanent disability suffered. After
ascertaining the functional disability vide above process,
then
suffered by the appellant
as well as the disability certificate on record, thereby ascertaining the
functional disability as 42%. Considering the nature of injuries, medical ... entire bodily disability. Therefore, placing
reliance on the testimonies of PW-1, PW-2 and the disability certificate,
84% functional disability needs to be taken
desk duties.
25. The connection between permanent and functional disability is
intricate, as functional disability represents the practical limitations imposed
by a permanent condition ... their job and the real-
world implications of their disability.
26. Functional disability specifically addresses how the permanent
disability affects the individual's ability
their leg, however, the
functional disability of mason is of much higher degree than the functional
disability of the professional doing desk job. Since ... held that appellant's
functional disability is 11% i.e., half of actual disability. Therefore, the
functional disability of the appellant shall
functional disability. Hence, the
learned Tribunal erred in reducing the permanent disability of the appellant and
wrongly assumed the functional disability on conjecture and surmise ... functional disability of the appellant as 32% whereas, the
permanent disability of the appellant was 64% and he was entitled to functional
disability
Tribunal erroneously considered that the appellant sustained 38%
functional disability.
11. It is submitted that the impugned order passed by the learned
Tribunal ... functional disability of the appellant are taken
into consideration. However, it is imperative for this Court to firstly
determine the functional disability sustained
taking 40% as
functional disability while awarding the compensation, when the disability
certificate states that he has incurred 61% permanent disability, thereby,
affecting his loss ... disability. It was
admitted that the disability certificate was issued by the Board, which
reflects that the appellant suffers 61% permanent disability in both
respondent no.1's 72% permanent physical disability was deemed
to be 100% functional disability due to his inability to perform basic
activities ... disability certificate placed on record, the respondent no. 3
suffers a permanent disability of 72% and has been awarded 100%
functional disability by the learned
petitioner/injured has argued that 72% disability may
kindly be considered as 100% functional disability.
Signature Not Verified
Digitally Signed MAC.APP. 826/2018 Page ... observed that the injured has 72% permanent
physical disability which was deemed to be 100% functional disability due
to his inability to perform basic activities
functional disability. Disablement and loss of earning
capacity are two different aspects and not substitute to each
other; however, functional disability, thus, has a direct ... income.
38. For the expenses pertaining to the disability compensation, the
Tribunal correctly assessed the functional disability at 10% and calculated
future damages based
