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Documents citing United India Insurance Co. Ltd. vs Phurba Dorjay Lama And Anr. on 1 December, 2003

Atanu Kumar Ghosal vs National Insurance Co. Ltd. And Ors. on 3 May, 2006

15. Another Division Bench of this Court in the case of United India Insurance Co. Ltd. v. Phurba Dorjay Lama 2004 (1) WBLR (Cal) 597, has of course taken a different view from the aforesaid consistent views taken by the Full Bench of Karnataka High Court and the Division Bench of the same High Court as well as the Division Bench of our court. In para 9 of this judgment their Lordships were pleased to rule as follows:
Calcutta High Court Cites 8 - Cited by 4 - Full Document

The New India Assurance Co. Ltd. vs Amitava Das And Anr. on 27 November, 2006

13. Mr. Banik, learned advocate, further has relied upon the Judgment of Calcutta High Court passed in the case of United India Insurance Company Ltd. v. Phura Dorjay Lama and Anr. reported in (2004) 1 WBLR (Cal) 597 (DB). We have no doubt about the principle of law as settled in the said Judgment because for adjudicating the compensation cases, hypothetical income and hypothetical employment are required to be considered in many cases where there is no cogent evidence and materials on record about such factors itself, namely, the real loss of income and the real loss of employment etc. This Judgment is not applicable as it was under Workmen's Compensation Act and factually therein the claimant deposed that after the accident he was unable to perform the heavy work which was being previously done by him and considering the said fact that the workman was dependent only on manual labour, the Court considered that issue for determining loss of earning capacity. Furthermore under the Workmen's Compensation Act, partial disability has been identified which have reduced the earning capacity of workman. As already discussed, the Workmen's Compensation Act, 1923 was not incorporated in its totality in the Motor Vehicles Act, 1988, but only Schedule I of the said Act, 1923 has been incorporated and the definition of partial disablement as appearing in Section 2(g) of the said Act, 1923, cannot be applied in the case of motor accident claim case controlled and guided by the Motor Vehicles Act, 1988, where under Section 163A of the Motor Vehicles Act, the legislature categorically has used the word "loss of income" and not the "loss of earning capacity".
Calcutta High Court Cites 13 - Cited by 6 - P K Ray - Full Document
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