Mohan Soni vs Ram Avtar Tomar & Ors on 10 January, 2012
5. Insofar as, compensation awarded by the
Tribunal under the head 'loss of future income' is
concerned, it requires to be noticed that the
Tribunal has accepted the version of the claimant
that he was a carpenter by profession. However, it
has proceeded to hold that even if he is construed
as a coolie, leg is essential part of the human body
and when there is amputation of one leg, such
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person would not be in a position to discharge his
duties. At this juncture, it would be appropriate to
refer to the judgment of the Apex Court in the case
of MOHAN SONI v. RAM AVTAR TOMAR AND
OTHERS, reported in 2012 ACJ 583, wherein the
Hon'ble Apex Court while considering the claim for
awarding 'loss of earning capacity' due to physical
disability has held that it has to be judged with
reference to the nature of the work being performed by
the injured claimant. It has been held by the Apex Court
as under:-