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Disability 100% if not possible to work in similar capacity as at the time of accident

In Life Isurance Corporation Of India vs Mahaveer Prasad Regar, the insured suffered injuries in an accident which resulted in his left hand below elbow being amputated.  His leg also developed a defect.  The claim submitted by him was rejected by the petitioner Corporation on the ground that the injuries suffered by him did not constitute permanent disability. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint.

NCDRC while referring to various decisions including Cholamandalam MS General Insurance Co. Ltd., Vs. Suresh Chand Yadav & Ors., K. Janardhan Vs. United India Insurance Company Ltd. & Anr., Mohan Soni Vs. Ram Avtar Tomar & Ors, Jakir Hussein Vs. Sabir & Ors. , held that when the insured cannot be employed in the same or similar work for which he is educated or trained or have experience in which he was employed at the time of accident, then the injury should be termed as permanent and total.

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