permanent disability Archives

Disability adds to discrimination faced by persons from society’s marginalised sections; Courts must award motor accident compensation liberally: SC

Supreme Court observed that the persons from marginalised sections of the society already face severe discrimination due to a lack of social capital, and a new disability more often than not compounds to such discrimination.

Case Briefs Supreme Court

Supreme Court reassessed percentage of disability at 30% in a motor vehicle accident; Enhanced compensation

Supreme Court: In an appeal filed against the judgment of Karnataka High Court reducing the total compensation from Rs. 21,08,400/-

Case Briefs High Courts

[Motor Accident Case] Determination of a just compensation cannot be equated to be a bonanza: Bom HC

Bombay High Court: Addressing a dispute with regard to the percentage of permanent disability and determination of compensation, Shrikant D. Kulkarni, J.,

Case Briefs High Courts

“If relief is not moulded by awarding higher compensation, we will be failing in our duty”; Kar HC discussed compensation vis a vis permanent sexual disability in motor accident cases

Karnataka High Court: A Division Bench of S.G Pandit and Anant Ramanath Hegde, JJ. allowed the appeal and modified the impugned order

Case Briefs High Courts

Ker HC | [Motor Accidents Compensation Act] Court grants enhancement in compensation with an additional interest of 9% considering permanent disability; Revision Petition allowed

Kerala High Court: N. Nagaresh, J., while allowing the present revision petition, made additional compensation citing settled precedents. Background Respondent 3 (insurer)

Case Briefs High Courts

Madras HC | What factors are to be considered while fixing compensation in cases of permanent disability caused due to accidents? HC explains

Madras High Court: S.M. Subramaniam, J., while determining the compensation in the cases of accident, observed that, “…job of Homemaker can never be

Case Briefs High Courts

Gau HC | Allowances earned by a workman considered part of his salary, for computation of compensation in case of partial permanent disability

Gauhati High Court: Suman Shyam, J. dismissed an appeal filed by an insurance company against the order of the Commissioner directing payment

Case Briefs High Courts

Del HC | Injured not entitled to compensation towards future treatment or disfigurement where disability suffered is temporary

Delhi High Court: I.S. Mehta, J. dismissed an appeal filed by the claimant against an award of compensation granted in a motor accident’s

Case Briefs Supreme Court

Effect of permanent disability on earning capacity of injured must be considered while awarding compensation under MV Act: SC

Supreme Court: The Bench comprising of Rohinton Fali Nariman and Indu Malhotra, JJ. allowed an appeal filed against the order of Bombay

Case Briefs High Courts

Principal employer is liable to compensate a worker engaged by the contractor

Jammu and Kashmir High Court: An appeal filed by the Executive Engineer against the award of compensation passed in favour of Respondent