Search Results for "earning capacity"

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Search Results for "earning capacity"

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Supreme Court

Supreme Court Enhances Compensation for Amputation Victim in Motor Accident Case — Functional Disability Assessed at 70% for Self-Employed Scrap Dealer. The Court held that the High Court erred in assessing functional disability at 35% and in denying future prospects, and enhanced compensation under various heads including cost of artificial limb and pain and suffering.

9 Dec 2022

The appellant, a scrap dealer aged 37, suffered amputation of his right leg below the knee and other injuries in a bus accident caused by the responde...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Allows Claimant's Appeal in Motor Accident Case — Negligence of Bus Driver Established, Contributory Negligence Not Proven. Claimant Abdul awarded enhanced compensation of Rs. 1,50,000 with interest at 6% per annum from the date of petition till deposit.

27 May 2022

The case involves two appeals arising from a motor accident claim. The appellant in MFA No. 103807/2016 is the New India Assurance Company Limited, wh...

High Court

High Court of Karnataka Partially Allows Insurance Company's Appeal and Dismisses Claimant's Appeal in Workmen's Compensation Case — Computation of Compensation Under Section 4 of the Employees' Compensation Act, 1923 Upheld with Modification of Interest Rate. The court held that the Commissioner erred in not deducting interim compensation and in awarding interest at 12% without specifying default period, reducing interest to 9% per annum.

12 Apr 2022

The case involves two appeals arising from the same accident. The claimant, Sri Nagendra, a workman, sustained injuries in a motor vehicle accident on...

High Court

Bombay High Court Allows Appeal of Labourer with Amputated Leg in Employees Compensation Case — Loss of Earning Capacity Assessed at 100% Despite 75% Physical Disability. Amputation of Leg for Manual Labourer Constitutes Total Loss of Earning Capacity Under Section 4 and Schedule I of Employees' Compensation Act, 1923.

13 Jan 2022

The appellant, Ashok Raybhan Kashide, was a labourer working on a tempo owned by respondent No. 1. On 04.04.2012, while unloading granite sheets, a sh...

High Court

Bombay High Court Allows Appeal in Employees Compensation Act Case — 68% Physical Disability of Driver Amounts to 100% Loss of Earning Capacity. The court held that when a driver is certified with 68% physical disability and declared unfit to drive, the loss of earning capacity is 100% under Section 4 of the Employees Compensation Act, 1923.

14 Dec 2021

The appellant, Rajneesh Nanjoo Yadav, was a driver employed by ASR Construction Co. He sustained injuries in an accident on 30/4/2017 during the cours...

Supreme Court

Supreme Court Enhances Compensation for Injured Pillion Rider in Motor Accident Claim Due to Severe Disability and Functional Loss. Compensation for Permanent Disability Increased to Reflect 100% Loss of Earning Capacity Under Motor Vehicles Act, 1988, with Additional Awards for Bystander Expenses and Future Medical Treatment.

27 Oct 2021

The dispute arose from a motor accident on 13 April 2001, where the appellant, a 21-year-old pillion rider, suffered severe head injuries leading to 6...

High Court

Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Case — 50% Permanent Disability Justifies Higher Award. Loss of Future Income for Labourer Increased from Rs.50,000 to Rs.1,00,000 Under Section 166 of Motor Vehicles Act, 1988.

17 Apr 2020

The appellant, Siddharth Dupare, was a labourer who sustained grievous injuries in a motor vehicle accident when the jeep he was traveling in, driven ...

High Court

Bombay High Court Modifies Interim Maintenance Order in Divorce Case — Husband's Income and Wife's Earning Capacity Considered. Family Court's award of Rs.30,000 per month reduced to Rs.15,000 per month under Section 24 of Hindu Marriage Act, 1955, as wife is capable of earning and husband's income is limited.

11 Oct 2017

The petitioner-husband challenged the Family Court's order directing him to pay Rs.30,000 per month as interim maintenance to the respondent-wife unde...

High Court

Bombay High Court Allows Insurance Company's Appeal in Employee Compensation Case — Remands for Reassessment of Disablement. Commissioner's finding of total disablement set aside as loss of one eye and leg movement does not automatically constitute total disablement under Section 4(1)(b) of Employee's Compensation Act, 1923.

1 Mar 2017

The appellant, Royal Sundaram Alliance Insurance Company Limited, challenged the judgment and order dated 18 February 2012 passed by the Commissioner ...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Workmen's Compensation Case — Loss of Earning Capacity Cannot Be Assessed at 100% Without Medical Evidence. Commissioner's Award Set Aside for Disregarding Medical Assessment and Schedule Prescribing Loss of Earning Capacity Under Workmen's Compensation Act, 1923.

27 Nov 2014

The appellant, National Insurance Company Limited, filed a Miscellaneous First Appeal under Section 30(1) of the Workmen's Compensation Act, 1923, cha...

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