Advocates Appeared:
For the Appellant : Mr. A. Gan Chowdhury, Adv., Mr. R.G. Chakraborty, Adv.
For the Respondent: Mr. D.C. Saha, Adv.

[28000026000013]: With regard to determination of functional disability, this High Court in case of Samir Ch. Das Vs. Md. Jamal Hossain & Anr. in MAC App. No. 3 of 2019 has succinctly held that conversion of physical disability into functional disability is not a task of medical board. Such assessment should be made by the concerned Claims Tribunal. Observation of this Court in this regard is as under : "11. However, any such assessment of conversion of physical disability into functional disability is the task to be performed by the Claims Tribunal and not the medical expert. The deposition of the doctor before the Tribunal had to be confined to his assessment of the locomotive disability sustained by the claimant on account of the injury. He ought not to have been asked to assess the level of functional disability. …………………………………………."

[28000026000014]: In the given case, it is not denied that claimant is a day labourer by occupation. Almost a year after the accident he appeared before the District Disability Medical Board. Dr. Dipti Bikash Roy, PW-2 after his examination opined that he was having 40% locomotor disability. His statement that functional disability of the claimant extended to 30% is not acceptable in view of the decision of this Court in Samir Ch. Das(supra). Locomotor disability of a day labourer is likely to have a serious affect on his occupation. In all likelihood such disability would reduce his capacity to work as a day labourer. Therefore, under no circumstances his functional disability can be reduced to 30% in such case.