doctor has certified her of suffering 40
percent disability. The offending vehicle was owned by the present
appellant No.1 and was being driven
category "disability". Case of the
petitioner is that he has applied under "visual disability" and
had appended disability certificate with ... candidates have been taken from
locomotor disability class.
10. From amongst the candidates with locomotive
disability, only one percent i.e. two candidates should have
multiplier
of 15 it come to Rs.1,50,000. 50 percent disability
come to Rs.75,000. I am, therefore, inclined to grant ... almost total disability for
earning. In such a situation, to reduce the quantum
of compensation treating disability at 50 percent was
uncalled for. The Tribunal
disability
certificate certifying that the disability of the appellant as a result of the
loss of right hand is of 70 percent. It was further ... disability assessed by the doctor is on the higher side as functional
disability on amputation of the right hand would only be around 50
percent
categorically
deposed of the claimant suffering from 80 percent permanent
disability. The Tribunal ought to have quantified the compensation
considering the loss of earning capacity ... 4500/- per month and 80 percent of this amount by virtue of 80
4
percent disability would come to Rs.3600/- which would make yearly
Therefore, the
compensation ought to have been awarded by assessing 45 percent
disability.
3. Counsel for the insurance company however opposing the appeal
submits that ... percent, at-least 50
percent of the same ought to have been assessed by the Tribunal and
thus, this court quantifies the percentage of disability
that the doctor had opined that the
appellant has sustained 50 percent temporary disability because of
the injury sustained by him i.e. fracture ... appellant was not suffering from any permanent
disability and that 50 percent disability assessed is also temporary in
nature. Thus, prayed for rejection
assess the extent of his
permanent disability can give evidence
only in regard the extent of permanent
disability. The loss of earning capacity is
something ... calculated
52% disability for body as a whole instead
of 44 percent disability as per the evidence
of the Doctor, we are of the view
permanent disability. The district Medial Board had
examined the claimant and had assessed the physical disability of his
injury to be at 42 percent ... appellant
suffers from permanent disability and the certificate Ex.A/5 was
issued wherein the disability was assessed at 42 percent. This fact
Tribunal towards loss
of earning capacity assessed at 55 percent disability was
Rs.2,57,400/-which has been arrived at by applying the multiplier