towards the personal and living expenses; and by assuming the
percentage of disability (45%) shown in disability certificate to be the
economic disability, the Tribunal ... appeal by the impugned judgment dated 31.1.2007 on the
ground that the disability certificate produced by the appellant was not
reliable. The said judgment
Second Schedule, is required to be applied in a
case of disability in nonfatal accident. Consideration for
payment of compensation in the case of death ... amount of compensation payable in
a case of permanent total disability and permanent partial
disability in terms of the Second Schedule is to be applied
wound certificate Ex. P-6, discharge cards Ex.P-7&8, disability
certificate Ex. P-12, X-ray films ... Rajesh had stated in his evidence
that the appellant/claimant had suffered disability of 24% to upper
limb and 85% to lower limb. The Tribunal
sixty, in another aspect it
can be viewed as a disability in that a Judge
cannot hold his office as of right after he
attains ... compelling reason why the same provision
construed as a disability should be made
applicable to him. We are, therefore, of the
view that the first
annum. The Tribunal
was of the view that due to 70% disability, the appellant would suffer loss of
income to the tune ... annum and the loss
of income due to 70% permanent disability would be Rs.16,800/- per annum.
He also applied the multiplier
death and a sum of Rs. 75,000/- in
respect of permanent disablement by introducing the concept
of "no-fault liability". The amount ... case of death was raised to
Rs. 50,000/- and for permanent disablement to Rs.25,000/-.
However, having regard to number of representations received
maintainable since the injured himself was driving the
vehicle and that no disability certificate was produced. A Two-Judge Bench
of this Court in National ... insurer is liable
to pay, in the case of death or permanent disablement due to accident
arising out of the use of motor vehicle, compensation
Workmen's Compensation
Act, 1923,"total disablement" means such disablement,
whether of a temporary or Permanent nature, as incapacitates
a workmen ... forming
at the time of time ocident resulting in such disablement.
Under s. 4A(3) , when an employer defaults in paying the
compensation within
just and fair compensation to be awarded to a child, who
suffered disability in a motor accident, is the main point arising for
consideration ... evidence that the patient had
the following discomforts/ disabilities, i.e.:
i. Patient walks with limp on to the right side.
ii. Puckered scar
under: -
(i) Section 140For no-fault liability in case of death
or disablement;
(ii) Section 161In case of hit and run motor accidents,
where ... cases on
the principle of no fault.
(1) Whether death or permanent disablement of any person
has resulted from an accident arising
