Medical Negligence - - Compensation - Principle of `restitutio in integrum' - Means aggrieved person should get that sum of money, which would put him in the same position if he had not sustained the wrong - It must necessarily result in compensating the aggrieved person for the financial loss suffered due to the event, the pain and suffering undergone and the liability..........
Army Rules, 1954, Rule 14(b), 5 -- Payment of disability pension - Denial of - Disease could not be detected on medical examination prior to acceptance in service - No reason accorded by Medical Board as to why disabilities had not been induced by arduous military conditions - Therefore, claimant entitled for disability pension...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Accused `M' 80 years of age and he has age related medical problems also - Nature of injury inflicted upon victim has not resulted in any major physical disability or reduced his life span - Sentence reduced from 5 years R.I to 6 months with Rs.1 lakh as fine and out of which Rs.75,000..........
, Section 47 - - Non-discrimination in government employment - S.47 of Act makes clear that there is no discrimination against employees who acquire disability during service - Exemption depends upon "type of work" - Since the job requirements in CRPF demands a high level fitness and ability thus it is exempted from the provision of S.47 of Act...........
Service -- Disability - Exemption notification 2002 - Respondent contended that Exemption notification 2002 will not apply on the facts that disability was incurred prior to notification - Contention rejected as the relevant date is not date of accident but date of dispensation of service which was done in 2011 - Exemption Notification 2002 would definitely apply...........
Service -- Not fit for normal active duty and 100% permanent incapacitation for further service - Difference - Person not fit for normal active duty can be retained or re-instated by giving other duties but the person with 100% disability will be dispensed with - Since the respondent who suffered 100% permanent disability, he cannot be retained in service and must be..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - 25% permanent disability - Loss of earning - Claimant was a poultry labourer and he would have earned not less than Rs.4,500 p.m - Taking into account the occupation of claimant and on account of permanent disability Rs.13,500 awarded for loss of earning during period of treatment...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - 25% permanent disability - Enhancement of compensation - Considering nature of treatment, medical expenses, transport and attendant charges, pain and sufferings and extra nourishment which was given to claimant during treatment, total compensation of Rs.25,300 which was awarded by Court below is enhanced to..........
Motor Vehicles Act, 1988, Section 166 -- 60% permanent disability - Compensation - Multiplier - Deceased was 36 years of age at the time of accident - Multiplier of 16 is appropriate for loss of earning capacity...........
Motor Vehicles Act, 1988, Section 166 -- 60% permanent disability - Total Compensation - Claimant, a doctor, was getting 23,000 salary p.m at the time of accident and also getting no, practitioner allowance - It would be appropriate to take his salary at Rs.25,000 p.m - Considering the fact that 60% permanent disability has been incurred and loss of working capacity to..........