permanent or temporary; (ii) if the
disablement is permanent, whether it is permanent total disablement or
permanent partial disablement, (iii) if the disablement percentage ... percentage of permanent disability, the Tribunal has to seek
clarification as to whether such percentage of disability is the functional
disability with reference
required to plead
and establish that the death or permanent disablement in respect of
which the claim has been made was due to any wrongful ... motor vehicle before claiming any compensation for the
death or permanent disablement caused on account of a motor vehicle
accident. Certain observations made in Minu
Court made the following observations:
10. Where the claimant suffers a permanent disability as a
result of injuries, the assessment of compensation under the
head ... future earnings would depend upon the effect
and impact of such permanent disability on his earning
capacity. The Tribunal should not mechanically apply the
percentage
lakh and twenty thousand rupees, whichever is more;
(b) where permanent total disablement results from the injury
an amount equal to sixty per cent ... preceding the date on which the compensation fell due.
(c) where permanent partial disablement result from the injury
(i) in the case of an injury
Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 8 January, 2021
Author: J
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
Factories Act, 1948 (63 of 1948); (15A) “permanent partial disablement” means such disablement of a permanent nature, as reduces the earning capacity ... result in permanent partial disablement; (15B) “permanent total disablement” means such disablement of a permanent nature as incapacitates an employee for all work which
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 ... deal with the case of death and
permanent disablement. The expression “permanent disablement” has been
defined under Section 142, so far as Section
time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity ... master of the ship; (l) “total disablement” means such disablement, whether of a temporary or permanent nature, as incapacitates an employee for all work which
cases on
the principle of no fault.
(1) Whether death or permanent disablement of any person
has resulted from an accident arising ... compensation payable under that sub-section in respect of
the permanent disablement of any person shall be a fixed sum
of twenty-five thousand rupees
