SLP C NO.11215 OF 2006 First respondent in this appeal was the driver of a truck bearing registration No.
His disability was assessed at 40 but loss of earning capacity was assessed at 80 by the doctor.
He was aged about 65 years.
Noticing that he was aged about 35 years and his salary was Rs.
The doctor who had treated him, in his deposition, stated that disability of the first respondent was between 20 to 25.
An amount of Rs.2,17,169.83 was awarded as companypensation.
SLP C NO.16171 OF 2006 Respondent No.1 was a cleaner in a truck.
A sum of Rs.50,000/ was also awarded towards future loss of income.
3,200/ per month, a sum of Rs.
He is a practicing advocate.
He filed claim petition under the 1923 Act for a sum of Rs.3,00,000/ .
Respondent No.2 was its owner.
He filed claim petition under the 1923 Act claiming a sum of Rs.1,50,000/ before the Commissioner.
It was also stated that the insurance companypany had number filed any appeal before the High Court in the case of K. Srinivas Murthy satisfying the award given by the Tribunal.
In total, MACT awarded Rs.7,42,191/ with 9 interest per annum.
By reason of the impugned judgment the High Court affirmed the award.
Although the disability was determined at 20 to 25, the loss of earning capacity was determined at 35.
It was prayed that the said amount may be directed to be recovered.
A sum of Rs.2,09,123/ was awarded.
An appeal preferred by the insurance companypany thereagianst has been dismissed by the High Court in terms of the impugned judgment.
The Commissioner, by an order dated 29.4.2004 assessed his disability at However, the loss of earning capacity was taken to be 80.
Respondent No.1 was hospitalized from 19.7.2002 to 7.8.2002.
SLP C NO.21012 OF 2006 First respondent was hired as a casual labour for loading and unloading.
The truck in which he was working companylided with a stationary lorry as a result whereof he sustained injuries.
1 and 2 were engaged for loading and unloading broken rice on casual basis in a lorry which companylided with a stationary lorry resulting in sustaining injuries to respondent No.1.
The Commissioner opined that although the workmen had suffered 15 disability but loss of his earning capacity was 100.
The High Court, by reason of its impugned judgment dated 14.6.2006 determined his loss of earning capacity at 60 and the amount of companypensation, on the said premise, was enhanced to Rs.2,65,865.37.
UP 21 9636.
The appellant has also deposited 50 of the amount of companypensation enhanced by the High Court.
It companylided with a tanker on 17.7.2002 resulting in fracture of his femur right thigh.
By an award dated 21.2.2002, the Tribunal assessed the permanent disability suffered by him at 50.
The Commissioner, by an order dated 29.4.2004 assessed the disability of the respondents at 80 and loss of earning capacity at 100.
SLP C NO.74 OF 2007 Respondent Nos.
On an appeal preferred thereagainst, the High Court, by reason of the impugned judgment, enhanced the amount of companypensation to Rs.12,37,191/ with 9 interest per annum.
3,78,355.20 was awarded with interest at the rate of 12 per annum from the date of accident till payment.
Both the statutes are beneficial ones for the workmen as also the third parties.
He filed an application before the Workmens Compensation Commissioner claiming an amount of Rs.3,00,000/ as companypensation.
By an order dated 8.9.2003, the Commissioner awarded a sum of Rs.93,302/ on the premise that he was aged 22 years and his income was Rs.2003/ per month.
An accident took place on 2.10.2004 wherein first respondent suffered an injury in his right leg besides others.
He filed an application under Section 166 of the 1988 Act claiming a sum of Rs.18,00,000/ before the Motor Accident Claims Tribunal.
SLP C NO.2854 of 2008 Respondent No.1 on 31.5.1995 was traveling in an Ambassador car which companylided with a bus as a result whereof he sustained injuries.
The High Court dismissed the appeal in limine.
He filed an application for award of companypensation in terms of the provisions of the 1923 Act before the Commissioner of Workmen Compensation, Moradabad claiming a sum of Rs.1,50,000/ with interest.
It is on that basis multiplier of 5 had been applied.
B. Sinha, J. Leave granted.
A sum of Rs.1,95,000/ was awarded keeping in view the fact that he was unable to work for 39 months.
In these cases, the accidents took place by reason of use of motor vehicles.
Applicability of the respective provisions of the Workmen Compensation Act, 1923 1923 Act and Motor Vehicles Act, 1988 1988 Act in respect of the claimants who had suffered disability is the question involved in this appeal.
The factual matrix involved in these cases would be numbericed by us separately.
