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

Shivalinga Shivanagowda Patil And Ors. vs Erappa Basappa Bhavihala And Ors. on 1 December, 2003

11. While considering the question of granting award on account of loss of earning capacity, we are of the view that in this case the appellant cannot get this amount at all because in his evidence, he has stated that he has been earning Rs. 6,000 p.m. It is his evidence that even after accident, he has been earning Rs. 6,000 p.m. It is consistent view of the judicial pronouncements of Karnataka High Court and also our court in the cases noted above by us that in order to get compensation and damages as per the statutory provision, one has to prove that he has lost his earning capacity and only then, such claim can be allowed. The victim cannot get it automatically and the statute does not empower court to do so. In a Full Bench decision of Karnataka High Court in Shivalinga Shivanagowda Patil v. Erappa Basappa Bhavihala , as cited by Mr. Singh, appearing for National Insurance Co. Ltd. it has been held as a legal principle in para 25 (iii):
Karnataka High Court Cites 29 - Cited by 57 - Full Document

New India Assurance Company Limited And ... vs Subhas on 17 April, 2004

12. This Full Bench decision came to be considered by another Division Bench judgment of the same High Court in the case of New India Assurance Co. Ltd. v. Subhas . In para 45 of the aforesaid judgment the view taken by the Full Bench has been followed and reiterated and in that case it has been held as a principle of law that it has been established by proof that there has been loss of earning capacity. Two Division Bench judgments of our court have taken more or less the same view which is taken by the Full Bench of Karnataka High Court.
Karnataka High Court Cites 38 - Cited by 13 - N K Patil - Full Document

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

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 2 - Cited by 3 - Full Document
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