Motor Vehicles Act, 1988, S. 166 – Permanent disability – Functional disability or loss of earning capacity – Required to be sensitive while dealing with manual labour cases where loss of limb is often equivalent to loss of livelihood – Earning capacity – Impact of – Vegetable vendor – Might not require mobility to the extent that he sells vegetables at one place – However, the occupation of vegetable vending is not confined to selling vegetables from a particular location – Often involves selling vegetables in the cart which requires 100% mobility – Even by conservative approach, if we presume that the vegetable vending by the appellant claimant involved selling vegetables from one place, the claimant would require assistance with his mobility in bringing vegetables to the marketplace which otherwise would be extremely difficult for him with an amputated leg – Considering that the appellant claimant is still capable to fend for his livelihood once he is brought in the marketplace, we determine the disability at 85% to determine the loss of income
