Motor Accident Compensation -- Loss of Right Leg of Mason -- Functional disability to be assessed at 100 percent despite lower physical disability
Motor Vehicles Act, 1988, S.168 -- Motor Accident Compensation -- Loss of Right Leg of Mason -- Assessed on the basis of functional disability and its effect on earning capacity rather than the percentage of physical disability certified by medical authorities. Where the occupation, such as masonry, requires continuous physical use of both legs, amputation above the knee depriving the claimant of his sole source of livelihood warrants assessment of functional disability at 100 percent, irrespective of a lower certified physical disability.
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