wages plus any dearness allowance and underground allowance and compensation in cash including such compensation, if any, accruing through the free issue of food-grains ... owner, agent and manager a lump sum amount by way of disability compensation determined in accordance with the rates prescribed in this behalf
matter of the compensation on
account of disability compensation or severance compensation.
Clause 21 of the Disability Compensation, which part
of Annexure 3, stipulates that ... category of disablement compensation not under the category
of severance compensation and he is entitled for the compensation
as per the disability compensation
claims as per statutory provisions and
terms of contract. On the disability compensation claim, Respondent no.2-
Corporation communicated vide letter dated 7.10.2011 that since ... also informed that he is not entitled to receive
disability compensation, which becomes payable only in case a seaman
becomes incapacitated as a result
that what is payable is a just compensation; and (5) While awarding compensation under the head permanent disability, the tribunal should take notice ... compensation and shall not take into consideration the loss of earning power as a separate head after fixation of compensation for permanent disability
accepted by legal standards. "Just compensation" does not mean perfect or absolute compensation. "Just compensation" principle requires examination of particular situation ... gives evidence about percentage of permanent disability, Tribunal must find out whether such percentage of disability is functional disability with reference to whole body
formula to determine the quantum of
compensation. In determination of compensation the
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fundamental criterion of “just compensation” should be
inhered.”
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5.9. In the present ... disablement is permanent or temporary;
(ii) if the disablement is permanent, whether it is permanent
total disablement or permanent partial disablement;
(iii) if the disablement
home in the State of Bihar to the
respondent claiming disability
compensation. The said representation was
replied by the respondent, which was
addressed ... home address in
Gaya, Bihar rejecting his claim for
disability compensation. It is further
evident that when the appellant was signed
off and declared medically
specify expected compensation in the following heads:
1. Compensation for pain and suffering;
2. Compensation for continuing or permanent disability, if any;
3. Compensation ... what is payable is a just compensation; and (5) While awarding compensation under the head "permanent disability", the Tribunal should take notice
fault compensation awarded in application under Section 140 can be adjusted against compensation awarded under Section 166 . Where no fault compensation is awarded against ... amount of the second-mentioned compensation, he shall not be liable to pay the second-mentioned compensation.
142. Permanent disablement:
For the purpose of this
home in the state of Bihar to the respondent authorities claiming disability compensation which was rejected and the order was sent ... place in Bihar wherefrom he had submitted representations with regard to disability compensation which were entertained by the respondent and disability thereafter was communicated
