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MACT No. 342/2021 Mohit Kumar vs. Alimuddin Page No. 15 of 32
19. We may now summarise the principles discussed
above:
(i) All injuries (or permanent disabilities arising from
injuries), do not result in loss of earning capacity.
(ii) The percentage of permanent disability with
reference to the whole body of a person, cannot be
assumed to be the percentage of loss of earning
capacity. To put it differently, the percentage of loss of
earning capacity is not the same as the percentage of
permanent disability (except in a few cases, where the
Tribunal on the basis of evidence, concludes that the
percentage of loss of earning capacity is the same as
the percentage of permanent disability).
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