milk-vending. As per the medical evidence, he sustained 90% of permanent disability to the whole body. In the premise of these facts, the appellant ... examined nor any document was produced.
4. The Tribunal taking the permanent disability sustained by the appellant to the whole body at 40%, monthly income
future earning', the MACT has wrongly taken the percentage of permanent disability at 6%, whereas, the Disability Certificate would show 54% permanent disability ... future income' is a pittance, because, in terms of functional disability, the disability sustained by the appellant in the accident is total
motor vehicle before claiming any compensation for the death or permanent disability caused on account of use of any such vehicle. The court held ... motor vehicle before claiming any compensation for the death or permanent disablement caused on account of a motor vehicle accident. To that extent the substantive
Constitution to render public assistance, without litigation, in cases of disablement and undeserved want. It is a notorious fact that our highways are graveyards ... Constitution lays the jurisprudential foundation for State relief against accidental disablement of citizens. There is no justification for niggardliness in compensation. A third factor which
DIVISIONAL MANAGER, KSRTC v. BHIMAIAH , 1976(2) KLJ 396 held that the disability does not amount to total disablement, as the workman was capable ... Commissioner had treated amputation of left leg of workman as total disability for awarding compensation. On the basis of these two Division Bench decisions, conflicting
created "no fault liability" in case of death or permanent disablement caused by a motor accident to the extent indicated therein. This claim ... which is reproduced above. It states :
'Where the death or permanent disablement of any person has resulted from an accident arising
have awarded reasonable compensation for loss of future earnings due to disability; disability occasioned due to the injuries; loss of amenities of life and loss ... treatment and rectification. The Doctor who examined the appellant, assessed the permanent disability at 35% to the right upper limb. Doctor's evidence also
been amputated above knee and the petitioner has suffered permanent physical disability and wherefore, she filed the claim petition seeking compensation ... been amputated above knee and having regard to the permanent physical disability sustained by the petitioner and other material on record and the material adduced
fault liability" to pay compensation in respect of death or permanent disablement caused by a motor accident to the extent indicated in section ... compensation under section 92A in respect of the death or permanent disablement of any person, such claim and any other claim (whether made in such
conveyance etc., Rs. 5,000/- and loss of earning capacity due to disability Rs. 42,000/-.
7. Feeling aggrieved, the claimant has filed ... during the period of treatment and loss of earning capacity due to disability were excessive. On the contentions, following points arise for consideration:
(a) Whether
