Tagged “loss-of-earning-capacity”

Anoop Maheshwari v. Oriental Insurance (2025): functional disability, not the medical certificate, governs loss of earning capacity

In an amputee's claim under the Motor Vehicles Act, the Supreme Court held that compensation for loss of earning capacity turns on functional disability — the real reduction in earning power in the claimant's vocation — not the percentage of physical disability certified by a medical board. It also reaffirmed that income-tax returns are cogent proof of pre-accident income and cannot be brushed aside on surmises.