Loss of earning to be judged with reference to the nature of work being performed: Supreme Court

The Supreme Court of India clarified that in the context of loss of future earning; any physical disability resulting from an accident has to be judged with reference to the nature of work being performed by the person suffering the disability. The Court found it extremely difficult to uphold the decision of the High Court and the Tribunal based on the finding that the loss of the appellant’s earning capacity as a result of the amputation of his left leg was only 50%. The appellant was a cart puller.

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