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SC: Functional Disability Assessment Cannot Be Limited to Specified Role

Law Web
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Summary

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  • The Supreme Court has determined that functional disability cannot be minimized based on a victim's retention in a specific role, emphasizing the need to assess earning capacity in the competitive market.
  • The Court increased the claimant Priyanka Das's functional disability from 80% to 100%, following a Medical Board report confirming her total impairment due to severe injuries from an accident in 2011.
  • This ruling shifts the compensation calculation significantly, resulting in an award of Rs. 3,77,84,297 for loss of future income and medical expenses.
  • The implications of this decision could reshape how compensation is calculated for accident victims with disabilities across India.

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