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Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010

10. In the opinion of this Court, having regard the comprehensive assessment done by the re-constituted Medical Board, which included a Signature Not Verified Digitally Signed MAC.APP. 1031/2013 6 of 9 By:MANISH KUMAR Signing Date:05.02.2026 15:33:18 neurologist and revised assessment of claimant's permanent disability at 87%, keeping in mind that he would be unable to work in his vocation or any other similar occupation, and considering that he has been treated as an unskilled worker (minimum wages having been awarded on the ground of being an unskilled worker), applying principles laid down in Raj Kumar (supra), the functional disability ought to be considered at 100%. Quadriparesis is the weakness of all four limbs causing reduced motor function and control. Progression could lead to quadriplegia, which is complete paralysis.
Supreme Court of India Cites 8 - Cited by 3811 - R V Raveendran - Full Document

Arvind Kumar Mishra vs New India Assurance Co. Ltd. & Anr on 29 September, 2010

"11. What requires to be assessed by the Tribunal is the effect of the permanent disability on the earning capacity of the injured; and after assessing the loss of earning capacity in terms of a percentage of the income, it has to be quantified in terms of money, to arrive at the future loss of earnings (by applying the standard multiplier method used to determine loss of dependency). We may however note that in some cases, on appreciation of evidence and assessment, the Tribunal may find that the percentage of loss of earning capacity as a result of the permanent disability, is approximately the same as the percentage of permanent disability in which case, of course, the Tribunal will adopt the said percentage for determination of compensation. (See for example, the decisions of this Court in Arvind Kumar Mishra v. New India Assurance Co. Ltd. [(2010) 10 SCC 254 : (2010) 3 SCC (Cri) 1258 : (2010) 10 Scale 298] and Yadava Kumar v. National Insurance Co. Ltd. [(2010) 10 SCC 341 : (2010) 3 SCC (Cri) 1285 : (2010) 8 Scale 567] ) Signature Not Verified Digitally Signed MAC.APP. 1031/2013 4 of 9
Supreme Court of India Cites 3 - Cited by 1045 - R M Lodha - Full Document
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