Motor Accident
Compensation for permanent disability—Reduction by High Court—Appeal—Issue with reference to functional disability of appellant for the purpose of assessment of compensation—Appellant was working as a gunman in a hotel and his age was fifty years and five months at the time of accident—On account of amputation of his right leg above the knee, he was terminated from the service—It is not a matter of dispute that a person with his right leg amputated cannot perform the duty of a gunman—Tribunal was right in assessing the loss of earning capacity of appellant at 100% and assessing the compensation accordingly—High Court was in error in reducing the loss of earning capacity to 80% and there is another error in order of High Court in calculating the compensation—Impugned order passed by the High Court is set aside and that of Tribunal is restored—Appeal allowed.
[Paras 10 & 12]