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Land Acquisition Act S. 12(2)- Once the notice under Section 12(2) of the LA Act was issued and served upon the original writ petitioner and he was called upon to collect the compensation and thereafter, when he did not come to collect the compensation and then the compensation was sent to the revenue deposit, thereafter it would not be open for the original writ petitioner to contend that acquisition proceedings have lapsed.[ PLRonline 413600]

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“Understanding Burden of Proof for Input Tax Credit Claims under Karnataka Value Added Tax Act, 2003”

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MVA S. 166 – Permanent disability – Functional disability  – Loss of earning capacity – Manual labour –  Court should be sensitive in such cases

by PLRonline
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Motor Vehicles Act, 1988, S. 166 – Compensation – Permanent disability – Functional disability  – Loss of earning capacity – Manual labour –  Court should be sensitive in such cases – Sustained type-3 compound fracture of the right femur, fracture of tibia, fracture of middle shaft tibia and fibula – Dr had stated that the claimant has suffered from permanent disability of 69% to lower limb – High Court took functional disability at 25% –  However, while determining the disability of the claimants in motor accidents cases, this Court might be sensitive about the functional disability involved and the nature of the occupation, particularly, if the occupation involves manual labour –  High Court erred in determining the functional disability on the lower side – Claimant is a vegetable vendor take his monthly income at Rs 6500 – Functional disability at 35% –  Increment on future income at 50%  – Multiplier at 18 – Entitled to Rs 7,37,100 [(Rs 6500 × 35/100 + 50/100 × 35/100 × Rs 6500) × 12 × 18] under the head of “loss of future income” – Cost of litigation Rs 25,000 – Pain and suffering Rs 60,000  – Medical and incidental charges Rs 1,00,000  – Loss of amenities Rs 40,000 – Future medical expenses Rs 15,000 – Total Rs 9,77,100.

Syed Sadiq v. United India Insurance , 2014 PLRonline 0006

Tags: MVA S. 166 - FractureMVA S. 166 - Functional disabilityMVA S. 166 - Future prospectsMVA S. 166 - Income Vegetable vendor

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