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1 - 8 of 8 (0.24 seconds)The Motor Vehicles Act, 1988
Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010
In this regard, I place reliance on the judgment of
the Hon'ble Apex Court in the case of RAJ KUMAR VS.
AJAY KUMAR AND ANOTHER reported in (2011) 1 SCC
Rekha Jain vs Natioanl Insurance Co.Ltd. & Ors on 1 August, 2013
10. Further the Hon'ble Supreme Court in the case
of REKHA JAIN VS., NATIONAL INSURANCE CO., LTD.,
AND OTHERS reported in (2013) 8 SCC 389 is pleased
to consider that the injured has suffered 100% of
functional disability as the injured was a woman working in
a film and a TV actress and was aged about 24 years. The
injured has suffered injury on the face and her face was
disfigured. The injured is no longer to work in film or as a
TV actress and had lost her entire earning capacity as a TV
actress. Therefore, the Honble Supreme Court considered
it as 100% of functional disability. The principle of law laid
down therein is squarely applicable to the case on hand.
Jakir Hussein vs Sabir & Ors on 18 February, 2015
11. The Hon'ble Supreme Court in the case of
JAKIR HUSSEIN VS. SABIR AND OTHERS reported in
(2015) 1 SCC 252 is pleased to hold that the permanent
disability and functional disability are two different
aspects. Even though, there would not be 100% of
Mohan Soni vs Ram Avtar Tomar & Ors on 10 January, 2012
NC: 2024:KHC:24180
MFA No. 3030 of 2015
permanent physical disability, but it affects the avocation
of the injured to carry out the profession as he was doing
before the accident. Then it would amount to 100% of
functional disability. The injured being a driver met with
an accident and as per the doctor's evidence, he suffered
55% of permanent physical disability and cannot drive any
motor vehicle in future. Therefore, with such disability,
when the driver is not able to carry on the profession as
driver, then it is amounting to functional disability and
accordingly, awarded compensation by holding functional
disability at 100%. Further the Hon'ble Supreme Court in
the case of MOHAN SONI VS. RAM AVTAR TOMAR AND
OTHERS reported in (2012) 2 SCC 267 had held that
the injured being a cart-puller met with an accident and
left leg was amputated below the knee. Under these
circumstances, the Hon'ble Supreme Court held the
functional disability at 100%. Since, the injured is not able
to work as a cart-puller and had suffered functional
disability at 100% and accordingly, awarded
compensation.
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
NC: 2024:KHC:24180
MFA No. 3030 of 2015
compensation by respondent No.2-Insurance Company
under Section 149 (2) (a) (i) (a) of Motor Vehicles Act.
When, respondent No.2-Insurnace Company establishes
the fact that the claimant has travelled in the lorry as a
gratuitous passenger, then as per Sub-sections (1), (4)
and (7) of Section 149 of Motor Vehicles Act, the
respondent No.2-Insurance Company shall satisfy the
claim and then recover the same from respondent No.1-
owner of lorry bearing registration No.KA-44-1586.
Accordingly, the order of pay and recovery is made as per
the principle of law laid down by the Hon'ble Supreme
Court in the cases of PAPPU AND OTHERS Vs. VINOD
KUMAR LAMBA AND ANOTHER reported in (2018) 3
SCC 208; NATIONAL INSURANCE COMPANY
LIMITED VS. SWARAN SINGH AND OTHERS
reported in (2004) 3 SCC 297 and also as per the
full bench decision of this Court in the case of NEW
INDIA ASSURANCE COMPANY LIMITED VS.
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