#disability compensation

The JK High Court cut the motor-accident award by mandating that functional disability be measured against the claimant’s earning capacity, rejecting a 100 % disability assumption. It also struck a Rs 1 lakh future-medical expense claim with no proof. Insurers and claimants must now base compensation on realistic loss of earnings.

Bombay High Court enhances motor accident compensation from Rs. 25,000 to Rs. 83,275, correcting factual errors in salary loss calculation and awarding disability lump sum.

Bombay High Court rules that functional disability in motor accident claims must align with the medical board’s certificate, not private assessments. The judgment reinforces that tribunals must accept board-certified disability percentages as conclusive evidence unless proven fraudulent, impacting compensation calculations for claimants.

The Andhra Pradesh High Court affirmed a Rs. 15.63 lakh compensation award for a medical aspirant injured in a road accident, emphasizing that tribunals' quantum awards under Section 166 of the Motor Vehicles Act cannot be overturned without substantive evidence of negligence or error. The ruling reinforces the burden of proof on appellants challenging compensation amounts, impacting future motor accident claims and appeals.

Madras High Court rules that insurers remain liable for motor accident compensation even if a criminal case is closed as a 'mistake of fact'. The court upheld ₹9.63 lakh for a 22-year-old engineer with 38% functional disability, applying the multiplier method regardless of income loss, reinforcing strict liability under the Motor Vehicles Act.

Madras High Court rules that violations of the Motor Vehicles Act, such as not wearing a helmet, do not automatically constitute contributory negligence unless a direct causal link to the accident is established. The court enhanced compensation to ₹14.07 lakh, emphasizing that disability assessment must align with medical evidence and that insurers cannot evade liability based on mere statutory violations.

Bombay HC's Nagpur Bench ruled that compensation for loss of earning capacity must be calculated by averaging variable income, adding 40% for future prospects, and applying an 80% disability multiplier. The judgment sets a precedent for standardized compensation calculations in motor accident claims, ensuring fairer outcomes for victims with fluctuating incomes.

Bombay High Court holds that interest under Section 4A(3) of the Employees' Compensation Act begins from the date of accident, not after one month. Key precedent for compensation claims.