Claim in motor vehicle accident case – Cause of death -- Accident took place on 21.5.2010 and injured got admitted in hospital on 21.6.2010 – Doctor stated that it was a known case of chronic heart disease and alcoholic liver disease and deceased died a natural death and has no relation with the alleged accidental injuries – Held, courts are no experts for determining cause of death -- If court make inference about the cause of death as due to an accident, it invariably look to the fact of accident and the proximate cause for the death and wherever postmortem is done, the report of the Doctor regarding the cause of death – It will be wholly wrong for a Tribunal to discard Doctor's evidence and enter a pure realm of conjecture to determine cause for death – Award passed in favour of claimant is result of misplaced sympathy – Award is set aside.

(P&H HC) Decided on: 15.03.2016

Driver’s 55% permanent disability – Due to this injury, doctor opined that appellant has suffered 55% disability and cannot drive any motor vehicle in future due to the same – Appellant was present in person in the High Court and right hand of the appellant was found to be completely crushed and deformed -- When it comes to loss of earning due to permanent disability, the same may be treated as 100% loss since he will never be able to work as a driver again.

(SC) Decided on: 18.02.2015

Disability Certificate -- 85% permanent disability -- Doctor assessed the permanent disability at 58% to the whole body -- Held, once Disability Certificate was accepted as credible and reliable, there was no reason to treat the 'functional disability' at 25% -- Appellant was working as Goundi i.e. at the building construction sites -- Such a work requires good health and extreme fitness as it is a strenuous task which involves lot of physical activities -- It has also come on record he suffers from general weakness and is not capable of doing heavy work -- He is even unable to walk and stand for a long time -- Functional disability is to be taken at 85% -- Loss of future income would work out to Rs.5,35,500/- (Rs.3,750/- x 85% x 12 x 14) -- Similarly, for pain and suffering amount increased to Rs.60,000/-.

(SC) Decided on: 10.10.2014

Doctor assessed the permanent disability at 58% to the whole body -- Held, once Disability Certificate was accepted as credible and reliable, there was no reason to treat the 'functional disability' at 25%.

(SC) Decided on: 10.10.2014