Search Results for "physical capacity"

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Search Results for "physical capacity"

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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...

High Court

Bombay High Court Allows Visually Impaired Student to Pursue Physiotherapy — Strikes Down Blanket Ban as Unconstitutional. The court held that a complete prohibition on persons with visual impairment from studying or practicing physiotherapy violates Article 14 and the Rights of Persons with Disabilities Act, 2016, and directed individual assessment.

20 Jun 2023

The petitioner, Zill Suresh Jain, a student aged 18 years, suffers from low vision with a 40% visual impairment. She completed her SSC in March 2020 a...

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

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 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...

Supreme Court

Supreme Court Enhances Compensation for Amputation Victim in Motor Accident Case — Loss of Future Earning Based on Functional Disability. The Court held that where permanent disability renders the claimant incapable of pursuing his vocation, compensation for loss of future earning should be based on functional disability percentage, not whole body disability.

1 Jan 2020

The appellant, a painter by vocation, was travelling in a bus of the respondent KSRTC on 19.02.2010 when the bus driver, driving rashly and negligentl...

High Court

Bombay High Court Dismisses Petition Challenging Denial of Admission to MBBS Course for Person with Locomotor Disability. Court Upholds Graduate Medical Education (Amendment) Regulations, 2019, Which Exclude Candidates with Amputation of Hand from Eligibility for Medical Courses.

8 Feb 2021

The petitioner, Anita Prakash Shinde, a person with a left transcarpal amputation (60% disability), challenged the denial of admission to an undergrad...

High Court

Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Case — Permanent Disability Assessed at 60% Leads to Additional Award for Loss of Earning Capacity. Multiplier of 15 Applied to Monthly Income of Rs.4,460 Under Section 166 of Motor Vehicles Act, 1988.

16 Jan 2018

The appellant, Bhimrao Shamrao Shinde, was travelling in a tempo trax vehicle on 19 May 1996 when the vehicle met with an accident due to rash and neg...

High Court

Bombay High Court Allows Medical College to Retain Additional 75 Seats in Writ Petition Against MCI and Union of India. Reduction of Intake Capacity Without Hearing Violates Natural Justice; Impugned Orders Quashed.

4 Jul 2017

The petitioner, Pravara Institute of Medical Sciences (Deemed University's) Rural Medical College at Loni, is a recognized medical college imparting g...

High Court

High Court of Karnataka Considers Challenge to Karwar Port Expansion Over SEIAA Authority and Consent Deficiencies. Petitions by Fishermen Associations Raise Category A Project and Pollution Control Compliance Issues Under EIA Notification.

29 Jul 2021

Two public interest litigations were filed under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging...

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