Southern Railway. He met with an
accident and he acquired consequent disability w.e.f
11.9.2017. O.A No. 81 of 2018 was filed ... entitled to be treated as "a
person with bench mark disability" and to place on a
supernumerary post with all attendant benefit from
interest would be applicable to claims in respect of death or permanent disablement resulting from accident which occurred prior to September 15, 1995, the date ... available when the claim is finally adjudicated, whether the death or permanent disablement resulting from the accident occurred prior to September
short 'the Act') for compensation for death or permanent disablement be met by the Insurance Company on establishing that the death or permanent ... disablement was caused due to any wrongful act, neglect or default of the person in respect of whose death or permanent disablement claim has been
compensation claimed under Section
163A on the ground that death or disablement had
occurred due to the wrongful act, neglect or default on
the part ... deceased or disabled person. Their
lordships after referring to several judgments of the
Apex Court and this Court ultimately held at paragraphs
Limited, namely, whether compensation could be awarded separately on account of permanent disability and also on account of loss of earning capacity. The learned Judges ... suffering. In respect of the claim for compensation for continuing permanent disability and for loss of earning power, respectively
Oral)
1. What is the true ambit and import of "total disablement" as contemplated under the Workmen's Compensation Act, 1923 ? Does ... eyesight in one eye entitle the workman to claim compensation for total disablement? This is the primary issue that arises in this appeal. The matter
case where the qualified Medical Practitioner certified the percentage of the disability and the Commissioner did not accept the same. Commissioner fixed 100 per cent ... Commissioner has no jurisdiction to fix percentage of disability at variance with the percentage of disability certified by qualified Medical Practitioner. According to the appellant
appointment of 'Guardian for
minors' and persons with other disabilities like mental
retardation etc.
3. The petitioners in W.P(C)No.37278 ... Welfare of persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities Act, 1999
(hereinafter referred to as National Trust Act), the
Mental Health
retrospective and applicable to cases of accidents resulting in death or permanent disability even if such accidents occurred before October 1, 1982. The submission ... Section 92A(3) for contending that the death or permanent disablement could have even taken place before October 1, 1982, and also upon Section
shall be
liable to pay in the case of death or permanent
disablement due to accident arising out the use of
motor vehicle, compensation ... Explanation-- For the purposes of this sub-
section, "permanent disability" shall have the same
meaning and extent as in the Workmen
