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Documents citing G Vivek vs National Insurance Co. Ltd. on 12 October, 2022

Sneha.R vs Bmtc on 6 August, 2024

In a judgment rendered by Hon'ble Supreme Court in 2023 ACJ 585 between G. Vivek Vs. National Insurance Co.Ltd & Ors., In the said case, injured was minor aged about 12 years studying in 8th standard. The mishap occurred on 24­05­2011 while he was traveling in the bus. Because of the injuries sustained in the accident right leg of the SCCH-24 17 MVC 758/2019 injured was amputed. He has suffered 97% permanent disability in relation to the right lower limb, left lower limb and post traumatic amputation. In the said case the court has applied multiplier of 15 to calculate the loss of income, taking the notional income of the claimant at Rs.10,000/­ per month and added 50% towards future prospects and award compensation under the head loss of future income, it has awarded sum of Rs.26,00,000/­ towards cost of new prosthesis and for its maintenance.
Bangalore District Court Cites 11 - Cited by 0 - Full Document

Hitesh Nagjibhai Patel vs Bababhai Nagjibhai Rabari on 20 August, 2024

He has further relied on the judgments rendered in the cases of (i) Rajeev Sharma Vs. Yogendra Singh and others, more particularly, paras 2 and 5 of the judgment; (ii) Aabid Khan Vs. Dinesh and others, more particularly, para 10 of the judgment; (iii) G. Vivek Vs. National Insurance Co. Ltd. and another, more particularly, paras 4, 10 to 13 of the judgment, in support of his case.
Gujarat High Court Cites 11 - Cited by 0 - Full Document

Deepa Cyrus vs The Divisional Manager on 30 October, 2024

In Vivek G v. National 2024:KER:80596 MACA 1577/2021 16 Insurance Company Ltd. [2023 KHC 2941], the Hon'ble Apex Court had occasion to consider the question as to whether compensation could be awarded for the change of prosthesis. It is to be noted that the Hon'ble Apex Court upheld the findings of the Tribunal granting compensation of Rs.20,00,000/- being the cost required for replacement of the prosthesis at Rs.5,00,000/- each in every five years, and thus, awarded the compensation for four times. It is to be noted that the claimant before the Apex Court was aged only 16 years. But, the fact remains that the cost for change of prosthesis was upheld by the Apex Court. Considering the fact that the appellant herein was aged 43 years at the time of the accident, this Court deems it appropriate to grant the compensation for the change of prosthesis at least for two occasions since the tribunal had already awarded an amount of Rs.5,00,000/- towards future treatment expenses the appellant is entitled to a further amount of Rs.10,00,000/-.
Kerala High Court Cites 11 - Cited by 0 - Full Document

Rajesh Goyal vs Darshan Singh And Ors on 28 February, 2025

We are, thus, unequivocally of the view that there is merit in the contention of the appellant and the aforesaid principles with regard to future prospects must also be applied in the case of the appellant taking the permanent disability as 31.1%. The quantification of the same on the basis of the judgment in National Insurance Co. Ltd. case (supra), more specifically para 61(iii), considering the age of the appellant, would be 50% of the actual salary in the present case.
Punjab-Haryana High Court Cites 14 - Cited by 0 - S P Sharma - Full Document

Gopal vs Balkesh And Ors on 11 November, 2025

11. Further perusal of the award shows that the claimant/appellant suffered 80% permanent disability with respect to amputation of his right thigh above the knee and other allied problems, as depicted from the Disability Certificate (Exhibit P7), which is proved by Dr. Subhash Sandhu while appearing as PW3-SMO General Hospital, Gurugram. A perusal of the disability certificate along with testimony of PW8 Ms. Ekta Panchal, official of Endolite Prosthetic and Orthotic Center, New Delhi, it becomes manifestly clear that the right thigh above the knee of the appellant was amputated due to which he has to depend upon prosthetic for his entire life. Further, she has also proved quotation Ex P58 regarding the purchase of artificial limb and its maintenance. The learned Tribunal has erred in not considering the said quotation and not awarding any amount for the artificial limb. Reference at this stage can be made to judgment of Hon'ble the Supreme Court of India in a case of G Vivek 12 of 20 ::: Downloaded on - 12-11-2025 21:01:53 ::: FAO-3835-2013 (O&M) 13 Vs National Insurance Co. Ltd. & Anr., 2023 ACJ 585. The operative part of the judgment reads as under:-
Punjab-Haryana High Court Cites 17 - Cited by 0 - S P Sharma - Full Document

Rahul Kumar Garg vs Ramesh Chand & Ors on 29 November, 2025

17. A perusal of the record further shows that the left leg below the knee of the appellant/claimant was amputated due to which he has to depend upon artificial leg for his entire life. However, the learned Tribunal has awarded a meagre amount on account of the expenditure made on purchase of artificial limb. Moreover, no amount has been granted for future purchase and maintenance of artificial leg, which needs to be awarded. Reference at this stage can be made to judgment of Hon'ble the Supreme Court of India in a case of G Vivek Vs National Insurance Co. Ltd. & Anr., 2023 ACJ
Punjab-Haryana High Court Cites 14 - Cited by 0 - S P Sharma - Full Document

Suresh Kumar vs Pardeep Rathi And Ors on 28 January, 2026

17. A perusal of the record reveals that the left leg of the appellant was amputated below the knee, rendering him permanently dependent on a prosthetic limb for the rest of his life. As per the facts of the present case, the claimant had procured an artificial limb at a cost of ₹4.7 lakhs. However, no compensation has been awarded for the same. In view of the permanent nature of the disability and the lifelong necessity of a prosthetic limb, the appellant is entitled to just and reasonable compensation towards the expenditure incurred on the purchase, upkeep, maintenance, and future replacement of the prosthetic limb. Reference at this stage can be made to judgment of Hon'ble the Supreme Court of India in a case of G Vivek Vs National Insurance Co. Ltd. & Anr., 2023 ACJ 585. The operative part of the judgment reads as under:-
Punjab-Haryana High Court Cites 17 - Cited by 0 - S P Sharma - Full Document
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