loss of earning capacity Archives

Just Compensation for Permanent Disability

“Just Compensation” Requires Recognition of Practical Impact of Permanent Disability on Claimant’s Occupation and Future Life: SC awards ₹10 Lakh for Prosthetic Support to Injured Carpenter

“While the loss of leg cannot be compensated, the appellant could be paid pecuniary compensation towards the purchase of the prosthetic leg and its repairs. It would tend to do justice.”

Case Briefs Supreme Court

Amputation Resulting in Complete Loss of Masonry Work Warrants Assessment of 100% Functional Disability Despite 70% Physical Disability: Supreme Court

The Court reiterated that assessment of functional disability must reflect actual loss of earning capacity and not merely physical disability.

disability certificate issued by non-treating doctor

Case Briefs High Courts

Bombay HC: Employee’s compensation claim cannot be denied solely because disability certificate was issued by non-treating doctor

“A qualified medical practitioner who has not treated the injured can always give evidence on the basis of the medical reports of the injured and give a certificate on the loss of earning capacity or disability.”