Swami Sadashiva Brahmendra Sar (Nil) 24 May 2009
In a motor accident a person who is a truck driver, sustained 25% permanent disability in his right hand. He has claimed that it should be treated 100% disability as he can not drive a moter vehicle now , and in effect there is 100% loss of earning. Insurance co. is taking plea that he is liable to compensate in accordance with 25% disability . pls guide, how to convince the MACT for maximum compensation? is there any case law?
adv. rajeev ( rajoo ) (practicing advocate) 24 May 2009
to prove the disability u have to produce the diability certiicate issued by the doctor who has given treatment to the petitioner and doctor evidence is necessary to prove the disability, otherwise petitioner will not get higher compensation. Petitioner has to prove the disability and continuing effect of the accidental injuries thru., the doctor.
Swami Sadashiva Brahmendra Sar (Nil) 24 May 2009
there is no dispute about disability percentage . the dispute is about loss of earning and consequently assessment of amount of compensation.
hage nibo (lawyer) 27 May 2009
Think & interpret 100% disability in terms of his skilled labour i.e driving and obtain certificate accordingly.
P.ESAKKIMUTHU (LABOUR CONSULTANT) 29 May 2009
FOR PERCENTAGE OF DISABILITY, THE DOCTOR CERTIFICATE IS AN IMPORTANT EVIDENCE ,THE DOCTOR CERTIFICATE WILL PREVVAIL FOR DECIDING THE EXTENT AND PERCENTAGE OF DISABILITY
Swami Sadashiva Brahmendra Sar (Nil) 01 June 2009
thank you prabhakar ji !
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