February 2020

Accident—Disability @90%—Right arm from shoulder has been amputated and movement of right knee is restricted—Assessment of functional disability @ 70% justified

By | February 4th, 2020|Disability|

Read More
Comments Off on Accident—Disability @90%—Right arm from shoulder has been amputated and movement of right knee is restricted—Assessment of functional disability @ 70% justified

December 2019

Accident-Disability @100%–Pain and Suffering-Injured aged 6 years suffered crush injuries on both legs- -Held; it is very difficult to quantify the pain and suffering undergone by a person suffering injury requiring long hospitalization, surgeries and follow up treatment-In present case sum enhanced from Rs. one lakh to two lakhs.

By | December 7th, 2019|Disability|

Read More
Comments Off on Accident-Disability @100%–Pain and Suffering-Injured aged 6 years suffered crush injuries on both legs- -Held; it is very difficult to quantify the pain and suffering undergone by a person suffering injury requiring long hospitalization, surgeries and follow up treatment-In present case sum enhanced from Rs. one lakh to two lakhs.

January 2019

Accident—Medical Expenses—Amount received as a reimbursement on account of personal mediclaim policy towards the medical expenses including hospitalization charges, shall be liable to be adjusted Accident—Disability—Functional disability would always depend on the nature of work injured was capable of carrying

By | January 27th, 2019|Disability|

Read More
Comments Off on Accident—Medical Expenses—Amount received as a reimbursement on account of personal mediclaim policy towards the medical expenses including hospitalization charges, shall be liable to be adjusted Accident—Disability—Functional disability would always depend on the nature of work injured was capable of carrying

Accident–Special Diet-Disability @75%« Appellant remained under treatment for 6 months—A sum of Rs.2,000/- per month awarded for expenses for special diet. Transportation Charges-­ Disability @75%-Appellant contended that he had gone from his native village to hospital in city for 5 times by spending about Rs.1000/- per trip– Consolidated amount of Rs.10,000/- awarded

By | January 1st, 2019|Disability|

Read More
Comments Off on Accident–Special Diet-Disability @75%« Appellant remained under treatment for 6 months—A sum of Rs.2,000/- per month awarded for expenses for special diet. Transportation Charges-­ Disability @75%-Appellant contended that he had gone from his native village to hospital in city for 5 times by spending about Rs.1000/- per trip– Consolidated amount of Rs.10,000/- awarded

Motor Vehicles Act, 1988, S.166-Accident~Disability~Amputation of leg- Held; that in the case of a marginal farmer, or a cycle rickshaw puller, whose leg is amputated, disability has to be treated as 100% functional disability and incapacity in earning.

By | January 1st, 2019|Disability|

Read More
Comments Off on Motor Vehicles Act, 1988, S.166-Accident~Disability~Amputation of leg- Held; that in the case of a marginal farmer, or a cycle rickshaw puller, whose leg is amputated, disability has to be treated as 100% functional disability and incapacity in earning.

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|

Read More
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

Accident—Disability @ 90%—Amputation of Leg—Percentage of disability cannot be reduced on ground that despite the amputation of left leg, the remaining body of the appellant  was healthy.

By | August 14th, 2018|Disability|

Read More
Comments Off on Accident—Disability @ 90%—Amputation of Leg—Percentage of disability cannot be reduced on ground that despite the amputation of left leg, the remaining body of the appellant  was healthy.

July 2018

V IMP::: Motor Vehicles Act, 1988, S.166-Accident–Disability @ 100%-lnjured suffered disability of right leg only 25%—Injured was agriculturist become unfit for agriculture thus his functional disability is 100% although permanent disability as only 15%–Compensation awarded accordingly.    

By | July 7th, 2018|Disability|

Read More
Comments Off on V IMP::: Motor Vehicles Act, 1988, S.166-Accident–Disability @ 100%-lnjured suffered disability of right leg only 25%—Injured was agriculturist become unfit for agriculture thus his functional disability is 100% although permanent disability as only 15%–Compensation awarded accordingly.    

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|

Read More
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|

Read More
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

Copyright 2020 ABOUT PH LAW | All Rights Reserved |