Summary
The Court restored the Tribunal’s Rs.34,29,800 award, treating a gunman’s loss of earning capacity as total despite medical assessment of 85 per cent physical disability. Above-knee amputation had prevented him from performing his job and resulted in termination. The High Court erred in reducing functional disability to 80 per cent and also used an incorrect starting total.
Issues
- Whether the injured gunman’s occupational loss of earning capacity should be assessed at 100 per cent despite a lower percentage of medical disability.
Held
- Physical disability and loss of earning capacity are distinct. The effect of an injury must be assessed against the person’s actual occupation, age and circumstances: the same amputation can have very different consequences for manual or mobile work and desk work. (¶¶ 8, 9)
- The appellant’s right leg had been amputated above the knee, he could no longer work as a gunman, and his employment had been terminated on that account. At age fifty years and five months, those circumstances justified the Tribunal’s assessment of 100 per cent loss of earning capacity rather than the High Court’s 80 per cent. (¶¶ 2, 8, 10)
- The High Court also treated the Tribunal’s total as Rs.33,34,800 instead of Rs.34,29,800. Its order was set aside and the Tribunal’s full award restored, without costs. (¶¶ 11, 12)
Result
Appeal allowed; High Court order set aside and Tribunal’s award of Rs.34,29,800 restored. No order as to costs.