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Arvind Kumar Mishra vs New India Assurance Co. Ltd. & Anr on 29 September, 2010

In our view, the principles laid down in Arvind Kumar Mishra vs. New India Assurance Company Ltd. (supra) and Raj Kumar vs. Ajay Kumar (supra) must be followed by all the Tribunals and the High Court in determining the quantum of compensation payable to the victims of accident, who are disabled either permanently or temporarily. If the victim of the accident suffers permanent disability, then efforts should always be made to award adequate compensation not only for the physical injury and treatment, but also for the loss of earning and his inability to lead a normal life and enjoy amenities, which he would have enjoyed but for the disability caused due to the accident".
Supreme Court of India Cites 3 - Cited by 1045 - R M Lodha - Full Document

Sajha & Ors vs National Insurance Co Ltd & Ors on 19 August, 2009

14. The petitioner/injured was a farmer. He was aged about 64 years at the time of accident. Petitioner has not placed on record any document to show that he was earning a sum of Rs. 10,000/- per month by way of agriculture income. This tribunal has no option but to rely upon the schedule of minimum wages as at the date of accident he was semi skilled worker. Hence petitioner is being matriculate which comes to Rs. 4401/-. Hon'ble Delhi High Court in Sajha Vs. National Insurance Co. 2010 ACJ 627 and New India Assurance Co. Vs. Raja Ram MAC. APP. No. 175/06 decided on 25.8.2009 held that keeping in view the trend of increase of minimum wages of semi skilled worker from time to time and rises in price index and inflation, it can be said that minimum wages of unskilled worker would get almost double over a period of next ten years and thus future prospects should be given upon minimum wages also.
Delhi High Court Cites 1 - Cited by 248 - J R Midha - Full Document

Bimla vs Gopal & Ors on 22 March, 2010

As no deduction from income has to be taken towards personal expenses in case of injury as per decision of Delhi High Court in Bimla Vs. Gopal MAC. APP No. 1028/2006 decided on 22.3.2010 so the total loss of future income or earning capacity comes to Rs. 3,60,441.9 as per the formula (5721.3 X 12 X 7 X 75%). Accordingly petitioner is granted loss of future income at Rs. 3,60,442/- (in round figure) Conveyance charges Though petitioner has not placed on record any document in support of the claim of the petitioner for grant of conveyance but he has remained in hospital for quite substantial time and judicial mind must have been taken to the effect that being 72% physical disabled person he has spent a lot of money at his trips to hospital and back. The treatment continued so long obviously and even still the treatment is continued. I grant a sum of Rs.25,000/- towards conveyance charges to the petitioner on account of amount spent by the petitioner for visit to and from the hospital.
Delhi High Court Cites 3 - Cited by 89 - J R Midha - Full Document

Oriental Insurance Co. Ltd. vs Vijay Kumar Mittal And Ors. on 11 May, 2007

18. It can only be a matter of imagination that as to how he performed day to day activities as efficiently as he was. The Appellant can be expected to live for at least 50 years. During this period he will not be able to live like normal human being and will not be able to enjoy the life. The prospects of his marriage have considerably reduced. Therefore, it would be just and reasonable to award him a sum of Rs. 2,00,000/- for the loss of amenities and disfigurement as per the judgment of Hon'ble Delhi High Court given in case Oriental Insurance Co. vs. Vijay Kumar Mittal, III (2007) ACC 676 and Govind Yadav vs. The New India Insurance Company Limited.
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