Motor Accident – Low Vision Vs. Blindness – Claimant MBBS doctor
In the accident of 18.11.2005, the claimant had suffered injuries on her head, chest and resulting in loss of vision. She had had completed MBBS one year prior to the said incident and earning stipend of Rs.8,200/- per month.
The Medical Certificate mentioned that the vision is restricted to 10 degrees 6/18 (p), 6/24(p) Central and 75% visual disability.
The Tribunal held that the claimant would not be able to read, cross road easily, see the vehicle from right side and suffer in her medical profession. However, it was held that this visual disability would affect earning capacity to 10% only.
HELD that Section 2(b)(iii) of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995, defines “blindness” as limitation of the field of vision subtending an angle of 20 degree or worse. The Schedule B to the Rights of Persons with Disabilities Act, 2016, defines “Visual Impairment” as blindness for limitation of the field of vision subtending an angle of less than 10 degree. The low vision is defined “limitation of the field of vision subtending an angle of less than 40 degree upto 10 degree.
Thus, a person is considered legally blind if the vision is less than 10 degrees. In any event, the functional disability of the doctor having 10 degrees 6/18 (p), 6/24(p) Central should be considered blind.
The Claimant’s vision is less than the low vision and falls in the category of blindness. The loss of central eyesight of the claimant would amount to an end to the claimant’s earning capacity as an MBBS doctor. The claimant will not be able to treat patient with such diminished eye-sight. Thus, it can be said that the claimant has lost her capacity to earn income as a doctor. She would not be able to earn income as MBBS doctor. As such the finding of the Tribunal to the extent of loss of 10% earning capacity is illegal.
Judgment dated 24.6.2024 of the Bombay High Court in First Appeal No.772 of 2023 of Madhavi Chintamani Shastrabuddhe Vers. Jarloksingh H.S. Talwar and others
