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The Print
a day ago
- The Print
Court awards over Rs 27 lakh compensation to man injured in 2019 road accident
In an order dated June 4, the tribunal said it was established that the accident occurred 'on account of the speedy and rash driving' by its driver named Shankar Yadav. Presiding Officer Shelly Arora noted the claimant or injured Prahalad Rai's statement, according to which he was riding his two-wheeler from Kalindi Kunj to Madanpur Khadar when a rashly driven truck rammed into his vehicle on July 9, 2019. New Delhi, Jun 13 (PTI) Underlining that medically determined permanent disability cannot be mechanically applied to find the loss of earning capacity because of functional disability, a motor accident claims tribunal here has awarded Rs 27.07 lakh as compensation to a man injured in a 2019 road accident. It noted that according to Rai, he suffered a grade-III fracture of both bones of his left leg and underwent surgeries, and prolonged medical treatment, which rendered him 63 per cent permanently disabled, leading to substantial loss of income because of an adverse impact on his earning capacity. The court said, according to the precedents established by the Supreme Court and high courts, medically determined permanent disability cannot be equated with loss of earning capacity because of functional disability, as it would result in a non-objective and absurd compensation. It said, 'There, however, might be certain cases where the two would correspond to each other, but it cannot be mechanically applied; rather, it requires evaluation of applicable factors independently in each case to reach a fair quantification of loss of earning capacity.' The court noted that the claimant, who was employed as a delivery boy, endured substantial disability, including deformity in the left lower limb. 'This impairment significantly restricts mobility, a critical requirement for his prior employment, which heavily relied on driving and physical activity. The nature of his injury directly impacts his ability to perform essential job functions, particularly those involving extensive fieldwork and continuous driving, which are indispensable for a delivery boy,' the court said. It said that the 'psychological and emotional consequences' of the injury further diminished Rai's capacity to adapt to alternative employment, which compounded the overall effect on his earning ability. 'Given the substantial impact on his ability to undertake field-oriented work, his functional disability is assessed as 50 per cent concerning his earning capacity,' the court said. It computed a total compensation of around Rs 27.07 lakh, payable to Rai under various pecuniary and non-pecuniary losses. The court directed the insurer, United India Insurance Company Ltd, to pay the entire compensation along with interest. PTI MNR AS AS This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
News18
a day ago
- News18
Court awards over Rs 27 lakh compensation to man injured in 2019 road accident
New Delhi, Jun 13 (PTI) Underlining that medically determined permanent disability cannot be mechanically applied to find the loss of earning capacity because of functional disability, a motor accident claims tribunal here has awarded Rs 27.07 lakh as compensation to a man injured in a 2019 road accident. Presiding Officer Shelly Arora noted the claimant or injured Prahalad Rai's statement, according to which he was riding his two-wheeler from Kalindi Kunj to Madanpur Khadar when a rashly driven truck rammed into his vehicle on July 9, 2019. In an order dated June 4, the tribunal said it was established that the accident occurred 'on account of the speedy and rash driving" by its driver named Shankar Yadav. It noted that according to Rai, he suffered a grade-III fracture of both bones of his left leg and underwent surgeries, and prolonged medical treatment, which rendered him 63 per cent permanently disabled, leading to substantial loss of income because of an adverse impact on his earning capacity. The court said, according to the precedents established by the Supreme Court and high courts, medically determined permanent disability cannot be equated with loss of earning capacity because of functional disability, as it would result in a non-objective and absurd compensation. It said, 'There, however, might be certain cases where the two would correspond to each other, but it cannot be mechanically applied; rather, it requires evaluation of applicable factors independently in each case to reach a fair quantification of loss of earning capacity." The court noted that the claimant, who was employed as a delivery boy, endured substantial disability, including deformity in the left lower limb. 'This impairment significantly restricts mobility, a critical requirement for his prior employment, which heavily relied on driving and physical activity. The nature of his injury directly impacts his ability to perform essential job functions, particularly those involving extensive fieldwork and continuous driving, which are indispensable for a delivery boy," the court said. It said that the 'psychological and emotional consequences" of the injury further diminished Rai's capacity to adapt to alternative employment, which compounded the overall effect on his earning ability. 'Given the substantial impact on his ability to undertake field-oriented work, his functional disability is assessed as 50 per cent concerning his earning capacity," the court said. It computed a total compensation of around Rs 27.07 lakh, payable to Rai under various pecuniary and non-pecuniary losses. The court directed the insurer, United India Insurance Company Ltd, to pay the entire compensation along with interest. PTI MNR AS AS First Published: June 13, 2025, 19:30 IST
Time of India
05-06-2025
- Time of India
Three sentenced to 5 years in jail for insurance fraud
Ahmedabad: A special CBI court in Ahmedabad sentenced three men to five years of rigorous imprisonment for criminal conspiracy, cheating, forgery, and using forged documents to cause financial loss to United India Insurance Company Ltd (UIICL), stated a release from the central agency. Tired of too many ads? go ad free now The Special Judge for CBI cases convicted Kiku Dhodi, an assistant at UIICL, Silvasa branch, and two private individuals — Vasant Patel and Apurva Patel. They were sentenced to five years of rigorous imprisonment. The court also imposed a total fine of Rs 35.30 lakh on the trio. CBI registered the case on Dec 31, 2004, against the three convicts and 17 others for hatching a conspiracy that resulted in financial losses to the govt of about Rs 62 lakh through 10 fraudulent fire insurance claims. The accused allegedly filed identical claims stating their insured grass stock was destroyed in fire incidents. Investigation revealed that only one claim was found to be fraudulent. The false claim, worth Rs 8.97 lakh, was filed by Vasant Patel for a grass fire accident at Maroli in Valsad district. Apurva Patel conducted the survey and submitted a false report. The insurance payout was withdrawn through bearer cheques, which were signed by Vasant but written in the handwriting of Kiku Dhodi, who is also his brother-in-law. CBI found that the inspection and survey reports were fabricated. It filed a chargesheet on Dec 31, 2007, against five persons. After trial, the special court found sufficient evidence and convicted three accused.
