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Vibhor Fialok vs Krishan Dev & Anr on 14 August, 2018 cites

National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017

11. The assessment of permanent disability of the Injured is on the basis of the Disability Certificate (Ex. PW3/A) which has been duly proved on record by Dr. Lalit (PW3) and as per this Disability Certificate, the permanent disability suffered by the Injured is 48% in relation to right lower limb. The evidence of Dr. Lalit (PW3), who proved the Disability Certificate (Ex. PW3/A), remains unchallenged. In view thereof, there is no basis to reassess the permanent disability of the Injured. However, the Tribunal has assessed the Functional Disability of MAC.App.976/2017 & 585/2018 Page 5 of 7 the Injured while noting that the injured faces difficulty in walking and doing other routine work. Since the permanent disability of the Injured is in relation to the right lower limb, therefore, the functional disability ought to be assessed at 48% and not less. Considering that the injured was aged 28 years on the day of the accident and was having a fixed income, addition of 40% towards "future prospects" is to be made in view of Supreme Court's Constitution Bench decision in Pranay Sethi (Supra).
Supreme Court of India Cites 32 - Cited by 9815 - D Misra - Full Document
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