Raj Kumar Singh & Anr vs Ajay Kumar Singh & Ors on 7 January, 2016
In Raj Kumar Vs. Ajay Kumar and Ors.6, the Hon'ble
Supreme Court has given guideline for calculation of actual functional
disability of the body and nor could it be assumed in result in
corresponding of loss of earning capacity in future. The claim of the
claimant was that at the time of accident, he was a helper-cum- driver of a
truck but fails to prove the same by way of evidence either oral or
documentary evidence. He even fails to produce driving license. Under the
said facts, the learned Tribunal has assessed his disability as permanent
and also assessed the total loss of earning capacity of 80% (Ext. 7). There
is no need to any assistance or escort to the appellant/claimant and also
6
(2011) 1 SCC 343, (2011) (1) TAC 785.