September 2018

(i) The Tribunal has to first ascertain what activities the claimant could carry on in spite of the permanent disability and what he could not do as a result of the permanent ability (this is also relevant for awarding compensation under the head of loss of amenities of life). (ii) The second step is to ascertain his avocation, profession and nature of work before the accident, as also his age. (iii) The third step is to find out whether (i) the claimant is totally disabled from earning any kind of livelihood, or (ii) whether in spite of the permanent disability, the claimant could still effectively carry on the activities and functions, which he was earlier carrying on, or (iii) whether he was prevented or restricted from discharging his previous activities and functions, but could carry on some other or lesser scale of activities and functions so that he continues to earn or can continue to earn his livelihood.

By | September 16th, 2018|Disability|

Comments Off on (i) The Tribunal has to first ascertain what activities the claimant could carry on in spite of the permanent disability and what he could not do as a result of the permanent ability (this is also relevant for awarding compensation under the head of loss of amenities of life). (ii) The second step is to ascertain his avocation, profession and nature of work before the accident, as also his age. (iii) The third step is to find out whether (i) the claimant is totally disabled from earning any kind of livelihood, or (ii) whether in spite of the permanent disability, the claimant could still effectively carry on the activities and functions, which he was earlier carrying on, or (iii) whether he was prevented or restricted from discharging his previous activities and functions, but could carry on some other or lesser scale of activities and functions so that he continues to earn or can continue to earn his livelihood.

August 2018

July 2018

July 2017

Motor Vehicles Act, 1988, S.166–Accident–Disability @ 25%–Shortening of leg by half inch-It can be outrightly said that the disability will have direct effect on the future earning capacity of the appellant

By | July 22nd, 2017|Disability|

Comments Off on Motor Vehicles Act, 1988, S.166–Accident–Disability @ 25%–Shortening of leg by half inch-It can be outrightly said that the disability will have direct effect on the future earning capacity of the appellant

Motor Vehicles Act, 1988, S.166–Accident-Disability–Future loss of earning cannot be assessed on the basis of percentage of the permanent disability but that has to be assessed on the basis of percentage of functional disability i.e. effect or impact of such permanent disability on his earning capacity.

By | July 17th, 2017|Disability|

Comments Off on Motor Vehicles Act, 1988, S.166–Accident-Disability–Future loss of earning cannot be assessed on the basis of percentage of the permanent disability but that has to be assessed on the basis of percentage of functional disability i.e. effect or impact of such permanent disability on his earning capacity.

March 2017

January 2017

December 2016

October 2016