treatment is complete and healing
process is reached to its maximum level, disability
cannot be assessed as per medical guidelines. Taking
12
us through ... loss of dependency in a death case, without considering
the percentage of disability. Awarded a sum of
Rs.7,29,000/- under this head
entire proceedings is vitiated. In the
absence of a disability certificate to the effect that the
claimant is 100% disabled and without an
application seeking ... evidence of the Doctor, the injured has suffered
100% disability to the whole body. But the Tribunal
has accepted 50% disability towards loss of future
surviving in
a vegetative condition. Though evidence on record
revealed 100% disability to the whole body, Tribunal
erred in assessing the disability ... doctor who was examined as PW2 has
assessed the permanent physical disability at 100%. It
has come on record that the total loss of sensation
PETITIONER BY TAKING INTO ACCOUNT HER YOUNG AGE,
MERITORIOUS ACADEMIC RECORD AND DISABILITY ON
PAR WITH THE AMOUNT WHICH WOULD HAVE BEEN
AWARDED ... spite of such treatment she has
3
suffered more than 50% disability. The petitioner
contends that she was a student of Maharani Lakshmi
Ammanni College
Insurer contends that the
Commissioner erred in relying on the disability certificate
assessed by the non treated Doctor and assessed the
compensation ... contended that the PW.7 - Doctor had assessed the disability
without any valid basis. Though the same was denied by the
Insurer, the Commissioner accepting
injuries sustained and fracture of limbs, they have become
permanently disabled and lost their earning capacity. Prior to
the accident, the driver of the lorry ... driver, cleaner and hamali working in a lorry,
considering the disability assessed by the doctor and on re-
appreciation of the assessment made
documents as Exs.P1 to P20. Dr.Lakshminaraya, who issued
the disability certificates was examined as PW7. On behalf of
the Insurance Company, none ... into consideration the injuries
sustained and sufferings undergone by the claimants, the
disability assessed by the doctor and taking into
consideration the disability
counsel appearing for the appellant
strenuously contended that Ex.P-9, the disability certificate
said to have been issued by one Dr.Rajesh, does ... have perused Ex.P6 - Wound Certificate and also
Ex.P9 - Disability Certificate. The wound certificate at Ex.P6
discloses that the injuries
including for the purchase of robostic artificial
limb. He suffered 90% permanent disability of the whole
body on account of accidental injuries. He was working ... getting a monthly salary of
Rs.45,000/-. Because of 90% permanent disability of the
whole body suffered by him, his services have been
terminated
with regard
3
to assessment of the disability while awarding the
compensation.
2. The respondent/claimant had filed a claim
petition contending that ... driver as Rs.4,000/- p.m. With regard to the disability is
concerned the doctor who has treated the claimant has
assessed the disability
