as a result of the loss of the leg was 100% and awarded compensation to him on that basis. In appeal the Hon'ble High Court, like in the present case referred to the scheduled to the Workman Compensation Act, 1923 and held that the loss of a leg on amputation amounted to reduction in the earning capacity by the 60% and accordingly reduced the Compensation awarded to the tanker driver. Hon'ble Supreme Court in this case set aside the High Court Judgement and held that the tanker driver had suffered 100% disability and incapacity in earning his keep as a tanker driver as his right leg was amputated knee and accordingly restored the order passed by the Commissioner Workmen Compensation. On the other side Ld. Counsel of the Respondent No. 2, also filed written submission on record wherein he argued that in this case neither the accident took place within the jurisdiction of this Authority nor the injured Claimant is residing within the jurisdiction of this Authority. Hence the Authority does not have the Jurisdiction to try and entertain the Claim of Claimant. Respondent No. 2, had admitted to the extent that vehicle in question bearing no. HR-38-X-6878 was insured with Respondent No. 2, vide policy no. 31270531170100000220 valid from 28.06.2017 to 27.06.2018 issued in the name of Saleem S/o Sh. Sultan Khan. Further Ld. Counsel argued that there is no FIR or information to police regarding this accident there is possibility that Applicant deliberately not disclosed fact regarding the report to police, there is possibility that he had filed the case under Motor Vehicle Act, 1998 and possibility to get the compensation from both the forums. It is further argued that there is no photographs on driving license which is exhibited AW-1/3. This fact shows that the Claimant has placed the fabricated driving license and he was not holding the Driving License. Hence he was not a driver on alleged vehicle on the day of accident. Further Ld. Counsel argued that date of birth of applicant as shown in Aadhar card is correct. As per Aadhar card date of birth of Applicant is 01.01.1974 show the aged of Claimant/Applicant at the time of alleged accident was 44 years 2 month and 28 days. Further Ld. Counsel argued that as per disability certificate issued by Aruna Asaf Ali Govt. Hospital Delhi, Applicant become 22% disabled permanent (physical impairment) in relation to his left lower limb. But Applicant never got any treatment from Aruna Asaf Ali Govt. Hospital Delhi. Thus the Ld. Counsel put question mark on disability certificate issued by Aruna Asaf Ali Govt. Hospital Delhi. Further Ld. Counsel relied upon the judgement mentioned bellow on disability issue.
