kidney is expected to do the
work of both kidneys, there may be some complications to the existing kidney
and so it is disability. Taking ... speak about
injury to kidney or loss of kidney, this Court determines the loss of a kidney as
permanent partial disablement as equivalent
writ a declaration is
sought to declare the persons having one kidney as
disabled under the Rajasthan Employment of Persons
with Disabilities Rules, 2000 (hereinafter ... substantiate the claim made to
declare the persons surviving with one kidney as
disabled. No declaration as claimed can be made in
absence of adequate
issued by District Medical Board to show that petitioner
is suffering disability of kidney and liver. He prays to allow the
petition.
06. Learned counsel ... certifying that petitioner, who is aged 66 years, is suffering from
disability of kidney and liver. As per the contention of learned
counsel for respondent
assessment qualifying for disability pension was assessed at 40%
for life. The Release Medical Board opined that his disability,
'chronic kidney disease ... purposes of
computing the disability element:
Percentage of disability as Percentage to be reckoned for
assessed by invaliding computing of disability element
medical board
Less
Labour erred in holding that
the Orthopedic Doctor cannot decide the
disability regarding Kidney?
(iii)Whether the learned Deputy
Commissioner of Labour erred in fixing ... disability certificate for 63% was produced by the claimant stating
that the Ortho Doctor has no power to determine the disability for
Kidney. The view
Labour erred in holding that
the Orthopedic Doctor cannot decide the
disability regarding Kidney?
(iii)Whether the learned Deputy
Commissioner of Labour erred in fixing ... disability certificate for 63% was produced by the claimant stating
that the Ortho Doctor has no power to determine the disability for
Kidney. The view
whole body due to loss of one
7
kidney. However, Tribunal considered functional disability
as 24% and awarded meager compensation. It was
submitted that claimant ... further submitted that claimant sustained loss of one
kidney apart from his disability to his limbs. However,
Tribunal awarded meager compensation
assessing 100% disability to
whole body, when the Doctor himself has assessed 20%
disability to spleen, 40% disability to kidney, 15% for
repair of disaphragmatic ... spleen, one kidney, repair of
diaphragmatic, scar disability and assessed disability to
spleen at 20%, to the kidney at 40%, to the repair of
diaphragmatic
medicines and rehabilitation of kidney patients should be there. Land/homeless kidney patients may be provided with homes. Kidney patients may be provided with journey ... India to kidney patients.
My final submission is to include the patients with kidney failure in the category of disabled persons, so that they
Pancholi, who is not a specialist of Urology has
opined the disability of kidney to the tune of 25% and
has assessed the disability ... kidney
from the body and, therefore, this is no any
hesitation to believe that body as a whole he is having
permanent disability
