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Raj Kumar vs. Ajay Kumar & Anr. (SC)

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Compensation for disability–Determination of–Relevant principles–
(i) All injuries (or permanent disabilities arising from injuries) do not result in loss of earning capacity.
(ii) The percentage of permanent disability with reference to the whole body cannot be assumed to be the percentage of loss of earning capacity.
(iii) The doctor who treated an injured or who examined him subsequently to assess the extent of his permanent disability can give evidence only in regard to the extent of permanent disability Loss of
earning capacity is something that will have to be assessed by the Tribunal with reference to the evidence is entirety.
(iv) The same permanent disability may result in different percentages of loss of earning capacity in different persons, depending upon the nature of profession or job, age, education and other factors.