Sh. Subhash Chand S/O Sh. Prabhu Dayal vs Sh. Rulda Singh S/O Sh. Niranjan Singh ... on 12 February, 2007
14. Ld. counsel for respondent no. 3 placed reliance on "Subash Chand vs
Sh. Rulda Singh" reported as 2007 II AD DELHI 636, where the Hon'ble Delhi High
Court upheld the decision of tribunal of taking disability, as 10% in relation to whole
MACT No. 76/10 Page 3/5
body when the permanent disability in regard to right limb was 25%. Under the facts
and circumstances of the present case the percentage of disability in relation to whole
body can be considered as 2%. Therefore the loss of earning capacity due to
disability can be calculated by multiplying the annual income with percentage of
disability and with multiplier of 18 (as the age of the petitioner is 25 years at the time
of accident). The total loss in earning capacity on account of disability comes to Rs.
21,600/- (5000x0.02x12x18). Keeping in view the facts and circumstances, I consider
the following amount to be the just compensation to the petitioner:-