Search Results for "earning capacity"

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Search Results for "earning capacity"

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High Court

Gujarat High Court Enhances Compensation for Injured Pedestrian in Motor Accident Case, Reduces Contributory Negligence from 50% to 25%. The court held that the driver of the truck was primarily negligent and the claimant's 70% permanent partial disability warranted full loss of future prospects under Section 166 of the Motor Vehicles Act, 1988.

27 Mar 2026

The case arises from a motor accident claim where the original claimant, Prabodhakumar Behera, a pedestrian, was hit by a truck on 22.12.1996, resulti...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case Regarding Compensation Assessment - High Court's Reduction of Compensation Set Aside Due to Improper Assessment of Functional Disability Impact on Earning Capacity Under Motor Vehicles Act, 1988.

18 Mar 2026

The appeal arose from a motor accident claim where the appellant-claimant sought enhancement of compensation awarded for injuries sustained in a road ...

Supreme Court

Supreme Court Allows Appeal of Injured Mason in Motor Accident Case — Functional Disability Assessed at 100% for Leg Amputation. Compensation Enhanced from Rs. 23.86 Lakhs to Rs. 33.13 Lakhs with 7.5% Interest Under Section 166 of Motor Vehicles Act, 1988.

1 Jan 2026

The appellant, M. Paramesh, a 30-year-old mason, was severely injured in a road accident on 18.04.2017 when a lorry hit his bicycle on NH-7 near Anaip...

High Court

High Court Enhances Compensation for Driver with Spinal Injury Under Workmen's Compensation Act — 100% Loss of Earning Capacity Assessed Based on Functional Disability. The court held that a driver who suffered fracture of D-12 vertebra and could no longer bend or perform strenuous activities suffered 100% loss of earning capacity under Section 4(1)(c) of the Workmen's Compensation Act, 1923.

4 Jul 2023

The appellant, Aadham Shek, a Heavy Transport Vehicle driver by profession, sustained a fracture of the D-12 vertebra (spinal cord) in a vehicular acc...

Supreme Court

Supreme Court Allows Appeal of Injured Construction Worker in Employees Compensation Case, Enhancing Compensation for Permanent Partial Disability. Loss of earning capacity assessed at 100% for her occupation, notional income enhanced to Rs.12,000 per month under Section 4(1)(b) of Employees Compensation Act, 1923.

9 Dec 2022

The appellant, Chandramma, was a construction labourer engaged in the construction of a government hospital at Bidar, Karnataka. On 22 July 2015, whil...

Supreme Court

Supreme Court Allows Appeal in Consumer Protection Case, Reversing NCDRC's Dismissal on Consumer Status. Overdraft Facility Availed by Stockbroker for Business Qualifies as Consumer Service Under Exception for Self-Employment Livelihood in Section 2(1)(d)(ii) of Consumer Protection Act, 1986.

22 Feb 2022

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dismissing a consumer complaint on the ground that the...

High Court

Bombay High Court Allows Employer's Appeal in Workmen's Compensation Case — Reduces Compensation to 34% Permanent Disablement. Commissioner erred in awarding 100% compensation for total permanent disablement when medical evidence showed only 34% loss of earning capacity under Section 4(1)(c) of the Workmen's Compensation Act, 1923.

10 Dec 2021

The appellant, Shri Mahesh Forge, an employer, filed a First Appeal under the Workmen's Compensation Act, 1923, challenging the judgment and order dat...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Compensation Case — Future Prospects Awardable in Permanent Disablement Cases. Loss of earning capacity must consider functional disability and actual income, not merely physical disability percentage.

17 Sep 2020

The appellant, Pappu Deo Yadav, was a 20-year-old data entry operator earning ₹12,000 per month when he suffered a serious motor accident on 18.05.2...

Supreme Court

Supreme Court Enhances Compensation for Permanent Disability in Motor Accident Case — Multiplier of 18 Applied and Future Prospects Considered. The Court held that for a student victim, future earnings must be assessed based on family background, education, and career potential, not a fixed notional income.

5 Mar 2019

The appellant, M.R. Krishna Murthi, a practicing advocate, suffered a severe accident on 26th May 1988 at age 18 while traveling from Delhi to Mussoor...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Loss of Earning Capacity Cannot Be Automatically Treated as 100% Based on Nature of Avocation Alone. Tribunal's Assessment of 100% Loss of Earning Capacity Despite Medical Evidence of 55% Whole Body Disability Set Aside, Matter Remanded for Reassessment.

3 Dec 2014

The appeal was filed by the National Insurance Company Limited challenging the judgment and award dated 04.02.2008 passed by the II Additional Civil J...

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