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Swami Sadashiva Brahmendra Sar (Nil)     24 May 2009

Disability and loss of earning under WC Act and MV Act

In a motor accident a person who is a truck driver, sustained 25% permanent disability in his right hand. He has claimed that it should be treated 100% disability as he can not drive a  moter vehicle now , and in effect there is 100% loss of earning. Insurance co. is taking plea that he is liable to compensate in accordance with 25% disability . pls guide, how to convince the MACT for maximum compensation? is there any case law?



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 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 May 2009

to prove the disability u have to produce the diability certiicate issued by the doctor who has given treatment to the petitioner and doctor evidence is necessary to prove the disability, otherwise petitioner will not get higher compensation. Petitioner has to prove the disability and continuing effect of the accidental injuries thru., the doctor.

Swami Sadashiva Brahmendra Sar (Nil)     24 May 2009

there is no dispute about disability percentage . the dispute is about loss of earning and consequently assessment of amount of compensation.

hage nibo (lawyer)     27 May 2009

Think & interpret 100% disability in terms of his skilled labour i.e driving and obtain certificate accordingly.

P.ESAKKIMUTHU (LABOUR CONSULTANT)     29 May 2009

FOR PERCENTAGE OF DISABILITY, THE DOCTOR CERTIFICATE IS AN IMPORTANT EVIDENCE ,THE DOCTOR CERTIFICATE WILL PREVVAIL FOR DECIDING THE EXTENT AND PERCENTAGE OF DISABILITY


(Guest)

Dr. Tripathi.  Very, very valid and interesting point you raised.  The connection between percentage of disability (in medical terms) and loss of earning  are totally different and cannot be interpretated in mechanical terms.  The chart provided in M.V. Act and W.C. Act are not helpful to decide the cases where a singer loses his vocal cards, a painter only his right hand fingers (it would be only 20 to 30%  disability loss as per the chart), eye sight loss of a photographer etc., where the disability percentage and loss of earning capacity are totally different.

I certainly try to find out any relevant authority and come back to you, if I succeed.  

1 Like

Swami Sadashiva Brahmendra Sar (Nil)     01 June 2009

thank  you prabhakar ji !


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