NEW INDIA ASSURANCE CO LTD Vs. KANAHIYA LAL

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of RS. 15,07,318/- awarded by the Claims Tribunal in favour of the First Respondent for having suffered injuries in an accident which occurred on 09.01.2009.

(2.) THE contentions raised on behalf of the Appellant are:

(3.) IN Raj Kumar v. Ajay Kumar & Anr., 2011 (1) SCC 343, the Supreme Court brought out the difference between permanent disability and functional disability resulting in the loss of earning capacity. It was laid down that the compensation on account of loss of earning capacity has to be granted in accordance to the nature of job undertaken by the victim of motor accident and the disability suffered by him. Paras 11 and 14 of the report are extracted hereunder: