Even though it was put to him that 22% permanent disability certified is very high, he denied that. But, at the same time, he admit that he has not assessed the occupational disability of the appellant. Ext.A11 certificate would specifically state that left lower limb has an apparent shortening of 2.5 cm. His hip movements are greatly reduced, flexion upto 70%, the sensation of left leg is diminished and left ankle movement is reduced. So, the injuries and permanent disability caused to the appellant would definitely reduce his earning capacity after the retirement. Being a Scientist in Agricultural Department, he could have taken other assignments after retirement. During cross-examination before the Court, as PW1 in the proof affidavit he categorically stated that grievous injuries have been sustained to his hip bones as well as other parts of the body. So, legally though he will not be able to claim any compensation towards loss of earning power during the period of service, compensation can be awarded towards loss caused in earning income by taking post retirement employment during the post-retirement period by taking the income notionally.
