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Search Results for "loss of earning capacity"

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High Court

Bombay High Court Partly Allows Appeal in Seafarer's Compensation Case, Upholds Entitlement Under Employees' Compensation Act but Denies TCC Agreement Claim. Court holds that compensation under the Employees' Compensation Act, 1923 is the statutory minimum and cannot be substituted by a contractual claim under a TCC agreement unless expressly provided.

19 Jan 2022

The appellant, Mosa Anand Rajulu, was employed as an Ordinary Seafarer with respondent No. 1, M/s. V. Ships Monaco, on board MV DT PROVIDENCE. On 30 M...

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 Partly Allows BEST Appeal in Motor Accident Claim, Reduces Compensation for Loss of Earning Capacity Due to Lack of Evidence of Permanent Disability. The Court held that without medical evidence of functional disability, compensation for loss of earning capacity cannot be granted under Section 173 of the Motor Vehicles Act, 1988.

5 Oct 2023

The case involves an appeal by the Bombay Electric Supply and Transport Undertaking (BEST) against a judgment and award of the Motor Accident Claims T...

High Court

Bombay High Court Enhances Compensation for 85% Permanent Disability in Motor Accident Claim - Claimant's Right Leg Amputated and Fingers Lost, Tribunal's Award of Rs. 3.5 Lakh Held Inadequate, Enhanced to Rs. 10 Lakh with Interest.

17 Jul 2023

The appellant, Sanjay s/o Pandit Kharat, a 31-year-old mason, filed a claim under the Motor Vehicles Act, 1988, for injuries sustained in a motor acci...

High Court

Bombay High Court Allows Enhancement of Compensation for Amputation Victim in Motor Accident Case — Permanent Disability Assessed at 75% with Multiplier of 18. The Court enhanced compensation from Rs.5,81,000 to Rs.16,21,000 for loss of earning capacity, pain and suffering, and loss of amenities under the Motor Vehicles Act, 1988.

5 Jun 2023

The appellant, Abdul Salim, was a passenger in a travel bus on 11/10/2002 when the bus overturned due to rash and negligent driving. He sustained seve...

High Court

High Court of Bombay at Aurangabad Allows Appeal in Workmen's Compensation Case — Employer Not Liable for Sub-Contractor's Employee's Injury. Employer-Employee Relationship Not Established Between Appellant and Injured Worker Under Workmen's Compensation Act, 1923.

7 Jun 2023

The appellant, I.C.C. Ltd, represented by its proprietor Krishnakumar Bansilal Dhoot, filed an appeal under Section 30 of the Workmen's Compensation A...

High Court

Bombay High Court Allows Appeal and Enhances Compensation for Permanent Disablement in Motor Accident Claim — Tribunal's Award of Rs. 83,500 Enhanced to Rs. 2,00,000 with Interest. Claimant, a music teacher, suffered permanent disablement of right hand; Court applied multiplier method and awarded additional amounts for pain, suffering, loss of amenities, and future medical expenses.

28 Jun 2023

The appellant, Suresh Tukaram Bedre, a music teacher aged about 38 years, was involved in a motor vehicle accident on 21 May 1997 when a truck (regist...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal for Condonation of Delay of 345 Days in Workmen's Compensation Case. Delay not properly explained and appeal lacks merits as claimant's driving license renewal indicates no loss of earning capacity.

22 Mar 2013

The case involves an appeal filed by the National Insurance Co., Ltd. against an order dated 30.1.2008 passed by the Commissioner for Workmen's Compen...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Workmen's Compensation Case Due to Unexplained Delay and Lack of Merits. Claimant's Driving License Renewal After Accident Negates Loss of Earning Capacity.

22 Mar 2013

The case involves an appeal filed by the National Insurance Co., Ltd. against an order dated 30.1.2008 passed by the Commissioner for Workmen's Compen...

High Court

High Court of Karnataka Allows Employee's Appeal in Workmen's Compensation Case — Enhances Compensation for Permanent Partial Disablement. Loss of Earning Capacity Assessed at 30% Instead of 15% for Bus Cleaner Injured in Motor Vehicle Accident Under Section 4(1)(c) of Workmen's Compensation Act, 1923.

28 May 2013

The appellant, Sannabasavaraja @ Basavaraja, was employed as a cleaner of a bus bearing registration No.KA-16/A-3034 owned by the first respondent, Sm...

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