The New India Assurance Co. Ltd. vs Amitava Das And Anr. on 27 November, 2006
14. Further Mr. Banik, learned Advocate, has referred to the Judgment passed in the case of Executive Engineer, Nawarangpur Electrical Division v. Istapan Gonda and Ors. . The same is not applicable in the instant case in view of the fact as already discussed. We have also no doubt about the principle as enunciated therein because loss of earning capacity should be identified on the basis of the hypothetical employment. In the instant case there is no scope to enter into that arena. There is no evidence at all to that effect.