falling as arise in the appeals before it and the death or disability caused thereby would fall within the ambit "untoward incident" within ... default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable
only the workmen were examined but the doctor who had issued Disability Certificate was also examined. The learned Commissioner relying on the evidence ... workmen and also the medical evidence coupled with the certificate of disability, allowed the claims fixing various percentages of disability depending on the nature
cases on the
principle of no fault :-
(1) Where death or permanent disablement of any person has
resulted from an accident arising ... severally, be liable to pay compensation in respect of
such death or disablement in accordance with the provisions
of this section.
(2) The amount
principle of no fault : --(1) Where the death or permanent disablement of any person has resulted from an accident arising ... severally, be liable to pay compensation in respect of such death or disablement in accordance with the prpvi-sions of this section.
(2) The amount
underwent treatment as an inpatient for 15 days and he became disabled permanently and he lost his earning capacity. Prior to his accident ... came to the conclusion that the applicant sustained 20 to 25% physical disability and he assessed the loss of earning capacity of the applicant
Hospital Exs. A-6 and A-7 medial prescriptions. He also filed disability certificate issued by PW-5 Doctor. According to PW-5, the claimants ... sustained 35% permanent partial disability due to mal-united fracture.
7. It is stated that the claimant in OP No. 345 of 1997 sustained injuries
compensation on the basis that it is a case of permanent total disablement.
4. It was contended for the appellant that when Doctor found that ... disability was only to an extent of 50%, the Lower Tribunal erred in awarding compensation as if it is a case of permanent total disablement
under:
No fault liability is provided in case of death or permanent disablement under Section 92-A , M.V. Act, 1939 and to that extent ... principle of no fault.-
(1) Where the death or permanent disablement of any person has resulted from an accident arising
cases on the principle of no fault:--
(1) Where death or permanent disablement of any person has resulted from an accident arising ... severally, be liable to any compensation in respect of such death or disablement in accordance with the provisions of this section.
(2) The amount
doctor, who treated him stated that left ring finger was permanently disabled and little finger suffered partial disability. He claimed Rs. 20, 000/- as compensation ... Motor Vehicles Act, 1939 reads:
(1) Where the death or permanent disablement of any person has resulted from an accident arising
