Selvaraj vs Balasubramani on 23 April, 2021
12.In the decision reported in 2013 (1) TNMAC 47 (DB) –
(New India Assurance Company Limited Vs. Ponnurngam),
the claim petitioner has not lost any earning capacity since he has
already retired, alleged to have taking tuition. However, the said
plea was not substantiated by any positive legal evidence and
hence, the Tribunal has rightly negatived the plea of applying of
multiplier method on the ground that the injury sustained during
the accident has not resulted any functional disability, thereby,
affected earning capacity to the claim petitioner. On the point of
percentage of disability, based upon the evidence of PW2/Doctor,
the Tribunal has fixed the disability at 70% while, the doctor has
chosen at 80%.