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1 - 10 of 12 (0.22 seconds)National Insurance Co. Ltd. (Cr)-I vs Sri Subhasis Manna & Anr on 31 July, 2019
In Sri Subhasis Manna (supra), the claimant, who was working as a
salesman in a medical shop, lost his job as the result of the accident. As
per the disability certificate, he suffered permanent disability of 70% and
was unable to travel without assistance of an escort and earn his
livelihood. In such circumstances, this Court affirmed the assessment of
functional disability of 100% by the learned Tribunal. The facts in the cited
decision is distinguishable from the case at hand, hence, the ratio is not
applicable to the present case.
Mohd. Sabeer @ Shabir Hussain vs Regional Manager, U.P. State Road ... on 9 December, 2022
In Mohd. Sabeer alias
Shabir Hussain (supra), the claimant is a scrap dealer whose right leg
below the knee was amputated. The Hon'ble Court has considered that the
claimant to be able to augment his income is most definitely required to
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move around. In such circumstances, allowed compensation towards
prosthetic leg and its maintenance. The facts involved in the cited decision
is quite dissimilar to the case at hand where the victim-claimant is a
technical consultant and there is amputation of one-third of his right arm
above elbow. Hence the ratio is not applicable to the fact of the case at
hand. Therefore, the claim of aforesaid amount towards prosthetic limb
falls short of merit. However, bearing in mind that the victim had
undergone amputation of above elbow upto upper one third right arm, I am
of the opinion that an amount of Rs. 2,00,000/-would be reasonable
towards future medical expenses.
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
In National Insurance Company Limited versus Swaran Singh4,
the Hon'ble Supreme Court held as hereunder:
Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010
In order to appreciate
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the present issue, it would be apposite to refer to the principles laid down
by the Hon'ble Supreme Court in the decision of Raj Kumar versus Ajay
Kumar & Anr.5 which is reproduced hereunder:
National Insurance Company Ltd vs Pranay Sethi And Others on 22 June, 2022
19. So far as the sixth issue relating to future prospect is concerned,
since the victim at the time of accident was admittedly 50 years and 1
month of age and was on fixed salary, following the observation of Hon'ble
Supreme Court in National Insurance Company Limited versus Pranay
Sethi and Others6, the victim is entitled to an amount equivalent to 10%
of his annual income towards future prospect.