certificate
issued by the RML Hospital showing him as disabled with partial permanent disability of
50 %. In the crossÂexamination, certain portions of the affidavit ... with, or reduce in rank, an
employee who acquires a disability during his service :
Provided that, if an employee, after acquiring disability is
not suitable
towards conveyance.
LOSS OF INCOME OWING TO DISABILITY :
13. As already said, the disability certificate has already been
proved by the petitioner through witness ... more than 40%
disability. No income proof has been filed. The petitioner was
stated to be in service and was earning Rs. 3000/- per month
future loss of earning
capacity due to disability:
There is no evidence that because of disability the salary
of the petitioner was reduced. He being ... same salary and other benefits and his
service conditions have not been effected on account of disability.
Therefore, there is no future loss of earning
from
the injuries sustained by the patient. The 30 % disability was only the
visual disability and not of the entire body.
20. In the petition ... petitioner was not in a regular service. It cannot be said
that because of the disability suffered by him he cannot get any
employment. Therefore
salary.
He has suffered permanent disability and is not in a position to continue his private
service after the accident. He is a married person ... accident, he has suffered permanent disability and not in a position to continue his
private service after the accident. In his cross-examination, he denied
leaves. Admittedly the petitioner has suffered 24% disability in
relation to the right lower limb. The disability in relation to whole
body can be taken ... loss because of the said disability . The petitioner is
53 years of age and is still in service. However, it cannot be ruled
out that
loss of future
pecuniary benefits on account of temporary/permanent
disability, loss of service and other special and general
damages as admissible under
petitioner being appointed as guardian of their disabled brother
Neeraj Arora. The mentally disabled was directed to be
examined by a Board to be constituted ... real brother. He
is mentally retarded with 90% disability. His medical disability
certificates are Ex. PW1/A and PW1/E. Their parents
doing private service and was earning Rs.5000/- per month and he is still
under treatment and have also suffered permanent disability on account
hospital. The plaintiff witness
i.e. PW-5 proved the disability certificate as Ex. PW5/1. The
certificate bears the counter signature of plaintiff ... prepared by members
of the medical board who are still in service.
14
Admittedly the plaintiff is not an income tax
assessee nor any assessment
