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
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
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
wherein the High Court interpreted Section 33 of the
Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995 (in short ... India, made
reservation in favour of the following three categories of disabled persons
in Group C & D posts to the extent
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
appeals concerned with a gruesome murder of a minor
girl with intellectual disability (moderate) after subjecting her to
series of acts of rape ... girl aged between 11 to 12 years having
moderate intellectual disability. Facts, according to the counsel, clearly
indicate that the deceased was subjected to rape
appellant certifying that she is suffering from 30% permanent disability.
The appellant has approached the Motor Accident Claims Tribunal (for short
‘MACT’) at Sambalpur ... earnings but it did not take into consideration the permanent
partial disablement suffered by the appellant which was assessed at 30% and
disfigurement
taken a loss
of earning capacity to 70% in view of permanent disability of right hand.
Based on salary of Rs.3,000/- per month ... multiplicand or the multiplier. If
at all, case of injury that completely disables a person for life is
more poignant than a case of death
account of their compulsion to
accompany him. The claimant suffered permanent disability and he
is still undergoing treatment. He experiences severe pain and
inconvenience ... Whether the claimant further proves his medical treatment-
expenses and also his disability along with loss of income and
his future treatment as averred
sound physical and mental condition upon entering service in absence
of disabilities or disease noted or recorded at the time of entrance.
(ii) Whether ... appellant is entitled for disability pension.
4. The factual matrix of the case is as follows:
The appellant was enrolled as Sepoy in the Corps
