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1 - 10 of 34 (0.26 seconds)The Motor Vehicles Act, 1988
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995
C. K. Subramonia Iyer & Ors vs T. Kunhikuttan Nair And 6 Ors on 8 October, 1969
Hon'ble Supreme Court of India in the case of K.
Suresh (supra) observed as follows:
Arvind Kumar Mishra vs New India Assurance Co. Ltd. & Anr on 29 September, 2010
(xv) In the case of Raj Kumar (supra) the physical functional
MACT No.: 91/20 Mohd. Ubaid Vs Roshan Lal & Ors. Page No. 28 of 48
disability of left leg was assessed to be 75% and total body
disability at 37.5 %. In this case, functional disability was also
assessed at 75% and it was observed that the extent of physical
functional disability has to be considered so as to grant just and
proper compensation towards loss of future earning as the
earning capacity of injured was totally negated having been
rendered incapable of doing any manual work. It was also held
that if permanent disability in relation to particular limb renders
the injured permanently disabled from pursuing his normal
vocation or any other similar work, there is no reason as to why
compensation should be granted on the basis of physical
disability in relation to whole body.
Mohan Soni vs Ram Avtar Tomar & Ors on 10 January, 2012
(xiii) Further in the case of "Mohan Soni v Ram Avtar Tomar &
Ors. I (2012) ACC 1 (SC), the question at hand was deliberated
and following observations as relevant in the context were made:
Syed Sadiq Etc vs Divisional Manager,United India ... on 16 January, 2014
In another matter of Syed
Sadiq Etc vs Divisional Manager,United India AIR 2014
SUPREME COURT 1052, where functional disability was
considered to be 65% by Hon'ble High Court in case of a
vegetable vendor whose right leg had to be amputated was set
aside and it was observed that loss of limb is often equivalet to
loss of livelihood specially in manual labour cases and
determined the functional disability at 85 percent. In another
matter of Arvind Kumar Mishra, injured suffered greivious
injuries and remained in coma for about 2 months and was held
to be permanently disabled to the extent of 70% with his right
hand amputated whereas his loss of earning capacity was held to
be 90%.
K. Janardhan vs United India Insurance Co. Ltd. & Anr on 9 May, 2008
Similarly in case of K Janardhan v United India
Insurance Company AIR 2008 Supreme Court 2384, Hon'ble
Supereme Court of India, held that a tanker driver suffered 100%
functional disability and incapacity to earn as a tanker driver as
his right leg was amputated from the knee.