Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010
7. The Appellant suffered serious injuries in the accident resulting
in permanent physical impairment to the extent of 40% in
respect of right lower limb. The Appellant was working as a
MAC APP 719/2010 Page 3 of 7
carpenter with Govt. Servants Co-operative Group House
Building Society Ltd., Vasant Vihar. According to the PW-2,
he was getting a salary of ` 2,801/- at the time of accident. The
Appellant continued to get the same salary and normal
increments even after the physical impairment in respect of his
right lower limb. It was admitted by PW-2 Tarun Taneja
produced by the Appellant that his salary rose to ` 5,757/- on
the date of recording his statement on 03.03.2005. Since, the
Appellant did not suffer any functional disability and continued
to earn his wages and increments, he would not be entitled to
any compensation under the head of loss of earning capacity
[Raj Kumar v. Ajay Kumar & Anr., (2011) 1 SCC 343].