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1 - 6 of 6 (0.21 seconds)Mohan Soni vs Ram Avtar Tomar & Ors on 10 January, 2012
On
account of losing his both hands his loss of earning
capacity will be to an extent of 100%. On the other
hand if a person who is carrying on desk work were to
lose one leg by way of amputation even at the thigh
level, and disability as per Workmen Compensation Act
would be 60% loss of earning capacity would be not to
that extent. It depends on facts and circumstances of
each case. It would be appropriate to note the judgment
of the Apex Court in the case of MOHAN SONI VS. RAM
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AVTAR TOMAR AND OTHERS reported in 2012 ACJ
583, where under similar circumstances Hon'ble Apex
Court has held that loss of earning capacity in respect
of those persons working under unorganized sector has
to be proved by leading cogent evidence either that
victim had changed his avocation or the means of his
livelihood would be available by virtue of such change in
avocation and he was deriving certain income and it has
been held by the Apex Court as under:
Sri Ramachandrappa vs The New India Assurance Co Ltd on 6 January, 2009
17. Thus keeping the contours laid down by the
Hon'ble Apex Court and facts as discussed hereinabove
and medical evidence available on record as tendered by
doctor-P.W.2 when examined it would indicate that
claimant had suffered disability to his left lower limb to
an extent of 57%. Claimant being a driver and he having
not renewed his license and in view of the fact that he is
even unable to do his daily chores, it would be just and
reasonable to conclude by accepting the medical
evidence and holding that functional disability or loss of
earning capacity to the claimant would be to an extent
of 60%. Since Tribunal has accepted the income of the
claimant at Rs.8,000/- per month and there being no
other possible view, which can be taken since claimant
was a driver of Hazardous goods carrying vehicle, it is
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hereby accepted and accordingly, compensation towards
"loss of future income" is recomputed herein below:
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Employee's Compensation Act, 1923
The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995
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