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Apsrtc, Managing Director, ... vs S. Dhanamjaya Reddy on 7 September, 2001

10) When the guidelines in the above decisions are applied to the facts of the present case, we cannot approve the Tribunals awarding full compensation for loss of earning capacity as the calculation shows the Tribunal went on a wrong premise as if the claimant lost her job and took her entire salary for computation of compensation. As laid down by the Apex Court she deserves compensation to the extent of monetary loss caused by depriving the promotion due to her disability. Hence, compensation needs to be reassessed in this regard.
Andhra HC (Pre-Telangana) Cites 3 - Cited by 8 - G Rohini - Full Document

Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010

9 a) So, the guiding principle in the above decision is that in case of an employee, if the physical disability did not result in loss of job or diminution of salary, he will not be entitled to compensation for loss of earning power but only under the head loss of amenities. On the other hand, though he is continued in job but suffered monetary loss due to change into a lesser post with lesser emoluments he will be entitled to compensation for loss of future earning capacity to the extent of reduced earning capacity. Besides, he will be entitled to a reasonable amount for loss of amenities provided the percentage of earning capacity is not treated as more than 50% for awarding compensation for loss of earning capacity.
Supreme Court of India Cites 8 - Cited by 3811 - R V Raveendran - Full Document
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