Summary
The Court assessed a heavy-vehicle driver’s functional disability at one hundred percent despite a lower whole-body medical assessment, because his permanent leg injuries prevented further driving and other manual employment. Compensation was recalculated using the accepted monthly income and age factor, with an additional lump sum for hospitalization and medical expenses.
Issues
- Whether the driver’s loss of earning capacity should be assessed as total despite a lower physical-disability percentage.
- What enhanced compensation and medical expenses were payable.
Held
- Loss of earning capacity depends on the practical impact of disability on the claimant’s occupation and activities, not mechanical adoption of the medical percentage. The evidence established permanent inability to drive heavy vehicles and no realistic prospect of other manual labour in his condition. Functional disability was therefore one hundred percent. (¶¶ 10, 11)
- The accepted income of Rs.4,000 monthly and Schedule IV factor of 201.66 yielded compensation of Rs.4,83,984. Sixty-five days of hospitalization and surgical treatment also warranted Rs.1 lakh toward medical and hospitalization expenses omitted below. (¶¶ 12, 13)
Result
Appeal allowed. Compensation was fixed at Rs.4,83,984 plus Rs.1 lakh for hospitalization and medical expenses. The insurer was directed to pay the enhanced amount within four weeks with 6% annual interest calculated from one month after the accident until payment. Pending applications disposed of.