In the claim application the claimant has stated that he was getting wages Rs. 8,000/- per month plus Rs. 200/- per day as food allowance. But as per maximum limit prescribed at that particular point of time, his wages can be taken Rs. 8,000/- per month and accordingly he wage is taken as Rs. 8,000/- per month. In the claim application, he has further stated that he was 45 years old at the time of accident. He was got himself physically examined and Medical Board of Aruna Asaf Ali Hospital, Delhi. The Medical Board has assessed him 38% permanent disabled. In his medical Disability Certificate, his injury has been shown ‗Left Lower Limb‘. The documents and the Medical Certificate show that the claimant may not be able to do any physical work of the nature. In this regard, the question as to reduction in earning capacity was argued by both the parties. Ld. Counsel for the claimant argued that the as the workman was a driver by his occupation which he was doing prior to the accident, after the accident he is no more in a position to continue with his occupation this be so this is a case of 100% loss of earning capacity. Finding the nature work, it should be accepted that it is case of 100% disablement and in this regard the Ld. Counsel for the claimant has relied on the ruling of the Hon‘ble Supreme Court of India – Pratap Narain Singh vs. Srinivasa Sabata cited at 1976 ACJ 141 whereby the Apex Court has held that the workman was no more in a position do take up and do that work which he was doing hence the disablement was assessed 100%. Similarly he has relied on the judgment by the Hon‘ble Supreme Court in Mohan Soni vs. Ram Avtar & Ors., 2102 ACJ 583, which holds that the occupation must be considered while considering the disability. The main operative portion of the judgment is read as under:-
