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Documents citing Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010

Darshan Lal vs Sunny & Ors. on 22 July, 2024

as he had problems in climbing stairs, back trouble while sleeping, etc. A rod was implanted in his leg. He suffered 70% permanent disability, and mental and physical agony. This Court enhanced the compensation, observing the proper manner to calculate the extent of disability. This Signature Not Verified Digitally Signed MAC. APP 383/2023 Page 54 of 65 By:GAURAV SHARMA Signing Date:30.07.2024 18:08:59 Court held as under : (SCC pp. 358-61, paras 13-16) ―13. In the last few years, law in this aspect has been straightened by this Court by removing certain cobwebs that had been created because of some divergent views on certain aspects. It is not even necessary to refer to all these cases. We find that the principle of determination of compensation in the case of permanent/partial disablement has been exhaustively dealt with after referring to the relevant case law on the subject in Raj Kumar v. Ajay Kumar [Raj Kumar v. Ajay Kumar, (2011) 1 SCC 343 : (2011) 1 SCC (Civ) 164 : (2011) 1 SCC (Cri) 1161] in the following words : (SCC pp. 348-50, paras 8-11) ‗Assessment of future loss of earnings due to permanent disability
Delhi High Court Cites 33 - Cited by 0 - C D Singh - Full Document

Ashwani Khosla vs Brham Singh on 18 December, 2023

In view of the pronouncement in Raj Kumar vs. Ajay Kumar (supra), this Tribunal has already noted that there is no evidence to show exact nature of work of the petitioner at the time of accident. Therefore this Tribunal MACT Nos.1951/16 & 1952/16 Page 21 above had calculated the income on the basis of minimum wages of an skilled worker on account of the fact that there was insufficient material available on the record. Be that as it may, taking into account the nature of injuries since she received grievous injuries in her right lower limb and her permanent disability was found to be 66%, having considered the entire evidence, medical documents reflect that petitioner, her functional disability is assessed to be 50% of his medical permanent disability i.e. 33%.
Delhi District Court Cites 12 - Cited by 0 - Full Document

Dar - Deen Dayal vs Dinesh Kumar Sharma on 2 August, 2024

In Raj Kumar vs. Ajay Kumar (supra) Hon'ble Apex Court in para 11 and 12 has observed that Tribunal should not be a silent spectator when medical evidence is tendered regarding injuries. Tribunal is required to hold inquiry into the claim for determining just compensation by assessing the medical permanent disability as well as functional disability keeping in view nature of work, profession etc. of the injured. The percentage of permanent disability of whole body cannot be presumed to be percentage loss of earning. Therefore Tribunal is bound to assess corresponding functional disability to compute the future loss of income.
Delhi District Court Cites 19 - Cited by 0 - Full Document

Savita Kapoor vs Brham Singh Etc on 18 December, 2023

In view of the pronouncement in Raj Kumar vs. Ajay Kumar (supra), this Tribunal has already noted that there is no evidence to show exact nature of work of the petitioner at the time of accident. Therefore this Tribunal MACT Nos.1951/16 & 1952/16 Page 21 above had calculated the income on the basis of minimum wages of an skilled worker on account of the fact that there was insufficient material available on the record. Be that as it may, taking into account the nature of injuries since she received grievous injuries in her right lower limb and her permanent disability was found to be 66%, having considered the entire evidence, medical documents reflect that petitioner, her functional disability is assessed to be 50% of his medical permanent disability i.e. 33%.
Delhi District Court Cites 12 - Cited by 0 - Full Document

Dar - Urmila Devi vs Dinesh Kumar Sharma on 2 August, 2024

In Raj Kumar vs. Ajay Kumar (supra) Hon'ble Apex Court in para 11 and 12 has observed that Tribunal should not be a silent spectator when medical evidence is tendered regarding injuries. Tribunal is required to hold inquiry into the claim for determining just compensation by assessing the medical permanent disability as well as functional disability keeping in view nature of work, profession etc. of the injured. The percentage of permanent disability of whole body cannot be presumed to be percentage loss of earning. Therefore Tribunal is bound to assess corresponding functional disability to compute the future loss of income.
Delhi District Court Cites 19 - Cited by 0 - Full Document

Dar- Veer Sain vs Rakesh Singh on 16 January, 2024

27. Keeping in view the ratio of judgment in Raj Kumar vs. Ajay Kumar (supra) as discussed above, in the present case it is evident on record that as a result of the injuries sustained by petitioner in an accident, he suffered 67% permanent disability in relation to both lower limbs. In this regard disability certificate dated 04.02.2020 has come on record. The disablement and loss of earning capacity are two different aspects and may not corresponding to each other and the loss of income has to be seen considering the profession in which the petitioner was engaged at the time of accident. As per case of petitioner, he was working as a salesman inn a shop being run by Delhi Consumer Cooperative Wholesale Store Limited and his working was consisting of standing all of the day. It came in the evidence of petitioner that due to accidental injury his working capacity stated to have affected adversely.
Delhi District Court Cites 10 - Cited by 0 - Full Document
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