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
compensation is justified. It is well settled that once the compensation has been awarded under the head loss of earning capacity, compensation towards disability does ... injured and hence, the disability assessed by the doctor is not correct and therefore, based on the disability, the compensation awarded under the head disability
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 ... permanent total disablement as specified under item (a) above.
Injuries deemed to result in Permanent Total Disablement/Permanent Partial Disablement and percentage of loss
Extra nourishment - Rs. 10,000/-
Damages for cycle - Rs. 1,000/-
Disablement compensation
For 70% disablement - Rs. 70,000/-
Loss of educational facilities ... fall under the pecuniary damages.
12. The Tribunal has fixed the disablement compensation for 70% disability at Rs.70,000/=. In effect, it has adopted
extent of disability arrived at by the Tribunal, on the basis of medical evidence.
7. In so far as disability compensation is concerned ... Considering the gravity of the injuries, disability suffered due to the injuries caused, we consider that disability compensation of Rs.1,50,000/- awarded
extent of disability arrived at by the Tribunal, on the basis of medical evidence.
7. In so far as disability compensation is concerned ... Considering the gravity of the injuries, disability suffered due to the injuries caused, we consider that disability compensation of Rs.1,50,000/- awarded
disorders has fixed the functional disability @ 60% and awarded a sum of Rs.60,000/- (60x1000) towards disablement compensation, by adopting percentage method and giving ... percentage of disability.
6. It is the contention of the learned counsel for the appellant that the Tribunal has awarded disablement compensation as well
wrong in allowing the appeal of
the Insurance Company assessing the disability compensation at Rs.
5,76,000/- by adopting the multiplier ... passed by the High Court
insofar as it relates to the disability compensation and upheld
the order passed by the Tribunal insofar as the disability
compensation. In determination of
compensation the fundamental criterion of "just compensation"
should be inhered.
* * *
19. ...it is true that compensation for loss ... this Court has expressed the view that grant of compensation
towards permanent disability is permissible. Regard been had to the
totality of the facts
formula
to determine the quantum of compensation. In determination of
compensation the fundamental criterion of "just compensation"
should be inhered ... this Court has expressed the view that grant of compensation
towards permanent disability is permissible. Regard been had to the
totality of the facts
