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

(xv) In the case of Raj Kumar (supra) the physical functional MACT No.: 91/20 Mohd. Ubaid Vs Roshan Lal & Ors. Page No. 28 of 48 disability of left leg was assessed to be 75% and total body disability at 37.5 %. In this case, functional disability was also assessed at 75% and it was observed that the extent of physical functional disability has to be considered so as to grant just and proper compensation towards loss of future earning as the earning capacity of injured was totally negated having been rendered incapable of doing any manual work. It was also held that if permanent disability in relation to particular limb renders the injured permanently disabled from pursuing his normal vocation or any other similar work, there is no reason as to why compensation should be granted on the basis of physical disability in relation to whole body.
Supreme Court of India Cites 3 - Cited by 1045 - R M Lodha - Full Document

Syed Sadiq Etc vs Divisional Manager,United India ... on 16 January, 2014

In another matter of Syed Sadiq Etc vs Divisional Manager,United India AIR 2014 SUPREME COURT 1052, where functional disability was considered to be 65% by Hon'ble High Court in case of a vegetable vendor whose right leg had to be amputated was set aside and it was observed that loss of limb is often equivalet to loss of livelihood specially in manual labour cases and determined the functional disability at 85 percent. In another matter of Arvind Kumar Mishra, injured suffered greivious injuries and remained in coma for about 2 months and was held to be permanently disabled to the extent of 70% with his right hand amputated whereas his loss of earning capacity was held to be 90%.
Supreme Court of India Cites 8 - Cited by 1338 - V G Gowda - Full Document
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