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...be only 35%, when the medical board has assessed the petitioner's permanent disability to be 70%. The appellant as a result of the injuries cannot drive his vehicle and cannot lift heavy weights....claimant suffers a permanent disability as a result of injuries, the assessment of compensation for loss of future earnings would depend upon the impact and effect of the Permanent ..., on appreciation of evidence and assessment, the Tribunal may find that percentage of loss of earning capacity as a result of the permanent disability, is approximately the same as the percentage of permanent ...
...) Loss of earning during the period of treatment;(b) Loss of future earnings on account of permanent disability.(iii) Future medic...result of injuries sustained in a motor accident, they can be permanent disabilities for the purpose of claiming compensation.9. The percentage of permanent disability i...%.10. Where the claimant suffers a permanent disability as a result of injuries, the assessment of compensation under the head of loss of future earnings would depend upon the effect...
...appellant fell down and sustained fractures on both the legs, thereby suffering permanent disability to some extent. He filed claim for compensation against the respondents before the Motor Accidents...less compensation under this head and hence, some enhancement under the head of pain and suffering and also under the head of permanent partial disability and loss of earning capacity is called for...main grievance is that only a paltry sum of Rs 70,000 is awarded by MACT for permanent disability suffered by him, which is too inadequate.8. We may note in this behalf that...
...stander Rs. 2,500.00vi) Compensation for pain and suffering Rs. 15,000.00vii) Compensation for physical disability Rs. 19,200.00viii) Compensation ....”(mistakes in the medical terms excepted)On account of the said injuries, the doctor who treated him certified permanent disability of 20%. But the Tribunal arbitrarily deducted 10% and awar...Court has held that in respect of injuries leading to permanent disability, compensation is payable both for disability as well as for loss of earning capacity suffered by the injured on account o...
...determination of compensation relating to grievous injuries, permanent disability, etc. Second Schedule appended to the Motor Vehicles ...drive the vehicle, and registration certificate in respect of the van and taking note of the nature of injuries, fracture, permanent disability, etc., the Tribunal has fixed the loss of income at the...Supreme Court has held that in the case of fracture of right zygoma with injuries at spine and right knee, after noting the same as permanent disability and after allowing loss of earning capacity at...
...of compensation to the victim of motor accident for loss of future earning due to some permanent physical disability, has observed:“10. Where the claimant suffers a...permanent disability as a result of injuries, the assessment of compensation under the head of loss of future earnings would depend upon the effect and impact of such permanent disability on his e..., the assessment of compensation under the head of loss of earning capacity is very much on the lower side. The injury to the right hand, which has left a permanent disability and which has affected...
.... The Tribunal has awarded a sum of Rs. 80,000/- as Permanent Disability compensation to the claimant for the injuries sustained by him. As seen from the injuries sustained by the claimant, he wil...marked as Ex.P3, which would reveal that the claimant was hospitalised for the period from 12.06.2007 to 17.07.2007. Ex.P8, Disability Certificate also confirms the injuries sustained by the claimant...account of the accident. After giving due consideration to the age of the minor child as well as the nature of injuries sustained by him, this Court enhances the disability compensation from Rs...
...(head) motor aphasia and positive Romberg's. The courts below have also accepted the fact that the appellant is suffering from permanent disability of 58% to the whole body.7. Having regard to the aforesai...enumerated in Section 2(i) of the Disabilities Act are the result of injuries sustained in a motor accident, they can be permanent disabilities for the purpose of claiming compensation....***10. Where the claimant suffers a permanent disability as a result of injuries, the assessment of compensation under th...
...his job viz., construction work. P.W. 2 has assessed the Permanent Disability at 25%.
9. The Tribunal has awarded Rs. 25,000/- for grievous injuries. That apart, the Tribunal also awarded Rs. 55,0...grievous injuries as well as for Permanent Disability appears to be awarding of double compensation. The Claimant could be awarded compensation only under one head either for grievous ...for Permanent Disability. While so, the Tribunal was not right in awarding compensation under both heads. The compensation amount of Rs. 25,000/- ordered under the head grievous injuries is...
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8. The Tribunal has awarded an amount of Rs. 20,000/- towards the compensation for loss of amenities in life. Going through the nature of injuries and the permanent ...compensation. Ext.A6 is the disability certificate. PW1 Doctor who issued Ext.A6 certificate has opined that the permanent physical disability sustained by the petitioner on account of the injuries...continuing or permanent disability Compensation for loss of earning power and loss of amenities 100000 100000 84000 (5000 × 12 × 14 × 10/100) 10 Compensation for loss of amenities in life...
..., the Board fixed the permanent disability at 40%. The High Court adverted to the concept of “just compensation” and opined that the quantum of damages fixed should be proportionate to the injuries caused. It refer...) 6 SCC 420 proceeded to state that it is true that the compensation for loss of earning power/capacity has to be determined based on various aspects including permanent injury/disability, but at...the same time, it cannot be construed that that compensation cannot be granted for permanent disability of any nature. It has been mentioned by way of an example that in a...
...Kumar v. Ajay Kumar (2011) 1 SCC 343 wherein the Court held that where the claimant suffers a permanent disability as a result of injuries, the assessment of compensation for loss of future earnings...shoulder to facilitate restricted movement. The injuries suffered by the appellant resulted in permanent disability to the extent of 75% for which a disability certificate was submitted before MACT. The..., medical expenses, and compensation for permanent disability sustained.6. Being dissatisfied with the quantum of compensation granted by MACT, and the method used for awarding...
...account of permanent disability.(iii) Future medical expenses.Non-pecuniary damages (General damages)(iv) Damages for ...suffers a permanent disability as a result of injuries, the assessment of compensation under the head of loss of future earnings would depend upon the effect and impact of such permanent ...assessment of compensation was made by the High Court in conformity with this Court's decisions. It was highlighted that permanent disability of loss of one arm, cannot lead to loss of earning capacity of up...
...future earnings on account of permanent disability.(iii) Future medical expenses.Non-pecuniary damages (General damages)(iv) Da...:(a) Loss of earning during the period of treatment;(b) Loss of future earnings on account of permanent disability.(iii) Fut...sustained in a motor accident, they can be permanent disabilities for the purpose of claiming compensation.9. The percentage of permanent disability is expressed by the...
...certified the permanent disability suffered by the appellant on account of the injuries to be 35%. We find that for determining the disability compensation the learned Tribunal has rightly relied ...is aggrieved by the quantum of compensation awarded to him by the MACT. The details of the injuries sustained by him are given in paragraph 8 of the impugned award and it is urged in the memorandum of...appeal that the compensation awarded by the Tribunal, particularly under the head of disability, pain and sufferings, loss of amenities, transportation charges etc. is inadequate.2. We...
...determining compensation towards Disability/Compensation to injuries, applied the percentage method by citing that the reason that ''since
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...multiplier of '17' (since the injured was aged 28 years) and taking disability at 30%, the compensation towards 'Permanent Disability' is calculated as under:-
Monthly income x...
respect to 'Disability/Compensation for Injuries' which was determined by way of adopting percentage method and is proceeding to determine ...
...injuries to Respondent 1. He filed an application before the Commissioner for Workmen's Compensation claiming an amount of Rs 3,00,000 as compensation. His disability was assessed at 40% but loss of...workmen employed by the employers and/or by use of motor vehicle by the owner thereof and/or the insurer to the claimants suffering permanent disability. The amount of compensation is to be determined in...“injuries deemed to result in permanent total disablement/permanent partial disablement and percentage of loss of earning capacity shall be as per Schedule I under the Workmen's Compensation Act, 1923...
..., but however, on account of having permanent disability compensation of Rs. 4,98,000 has been prayed for.3. The Claims Tribunal found the accident proved by rash and negligent driving of...addition thereto, it is submitted thatcompensation awarded by the Claims Tribunal is inadequate, however, accepting the certificate of permanent disability, Exh. P68, compensation may be reasonably...the motor cycle bearing No. MP 14-MD 4034 driven by respondent No. 1, however, disbelieving the certificate of permanent disability awarded a sum of Rs. 70,981.4. Out of which Rs...
...1. The awards on the accident claim cases (MACT case Nos. 153/12/09 and 154/12/09) of the two appellants herein, both instituted on 24.10.2009, seeking compensation for injuries and permanent ...appellants (claimants) only to seek compensation under the said head i.e. loss of income in future due to functional disability. 2. In the given facts and circumstances, it is deemed...no consideration of the element of functional disability so as to include any amount of damages under the head of loss of income in future due to such disability. The appeals are pressed by the...
...of other injuries only "general damage" as applicable."
8. Both, the 1923 Act and 1988 Act are beneficent legislation insofar as they provide for payment of compensation to...out of use of motor vehicles in terms of the provisions of 1988 Act would for the purpose of determination of the amount of compensation where the victim of the accident suffers from disability in the.../Permanent Partial Disablement and percentage of loss of earning capacity shall be as per Schedule I under the Workmen's Compensation Act, 1923'. Permanent disability, therefore...