Iffco Tokio General Insurance Co.Ltd vs Heeraman And Ors. 56 Mac/460/2012 ... on 13 February, 2018
32. The disability certificate(Ex. PW3/A) of injured would reveal that
he had suffered 26% permanent disability in relation to his right upper and
lower limb. It is mentioned therein that his case was that of post traumatic
stiffness of right ankle and elbow joint. It is relevant to note that the
petitioner was doing private job of Sales Manager at the time of accident,
which necessarily involves field visits and travelling on day to day basis.
Thus, it would not be possible for him to continue with the said avocation
or to engage himself in any kind of avocation which requires movement of
his right upper and lower limbs. It is also relevant to note that in the
absence of any evidence to the contrary being brought on record during the
course of inquiry, it is presumed that the claimant is right handed person.
He is shown to have sustained permanent physical impairment in his right
upper limb apart from right lower limb. Keeping in view the overall facts and
circumstances of the case including the nature of injuries sustained by
petitioner and his nature of work at the time of accident, his functional
disability is taken as 26% with regard to whole body. (Reliance placed on
"IFFCO Tokio General Insurance Company Limited Vs. Arjun & Ors.",
MAC APP.