In Brief
A driver lost one eye in a workplace accident and was initially awarded Rs. 4,28,376/- in compensation. The High Court reduced this to Rs. 1,71,350/-, relying on a medical finding that his physical disability was only 30%. The Supreme Court held that loss of earning capacity cannot be determined by medical disability percentage alone. Since the appellant, as a professional driver, suffered total inability to work in his profession despite only 30% assessed physical disability, his loss of earning capacity was effectively 100%. The Court restored the original compensation award and directed payment within four weeks."
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