Compensation for Prosthetic Limb - Courts have recognized the need to award adequate compensation for prosthetic limbs, considering factors such as the cost of procurement, maintenance, and the limb's lifespan. For instance, Rs.3 lakh has been assessed as the cost of a prosthetic limb Sunil Kumar @ Shina vs Hanuman Singh and others - Punjab and Haryana, and Rs.24,00,000/- was granted for prosthetic needs in a severe injury case SUNIL KUMAR Vs HANUMAN SINGH AND ORS - Punjab and Haryana.
Assessment of Future Needs and Costs - Compensation calculations often include future medical expenses, loss of earnings, and prosthetic needs. The Supreme Court and tribunals have considered the prosthetic limb's lifespan, with awards facilitating the purchase of multiple prosthetics (e.g., three prosthetics in some cases) to ensure ongoing mobility support Shriram General Insurance Co. Ltd. VS Gurram Naga Raju - Andhra Pradesh, Shriram General Insurance Co. Ltd. , VS Gurram Naga Raju - Andhra Pradesh, Sunil Kumar @ Shina vs Hanuman Singh and others - Punjab and Haryana.
Additional Expenses and Maintenance - Ongoing costs such as prosthetic maintenance and periodic replacements are also factored into compensation. For example, Rs.4,00,000/- was awarded for prosthetic replacement, along with Rs.1,00,000/- for maintenance costs R. Venkateswaran vs Ramasamy - Madras.
Legal Precedents and Revisions - Courts have emphasized just compensation aligned with injury severity and prosthetic needs, often recalculating awards based on updated costs and future prospects. In some cases, the courts have directed the provision of motorized wheelchairs and standard prosthetics with warranties SUNIL KUMAR Vs HANUMAN SINGH AND ORS - Punjab and Haryana, United India Insurance Co. Ltd. VS Phool Kumari - Delhi.
Limitations and Conditions - Compensation for prosthetics is contingent upon the necessity and availability of prosthetic devices. For example, if a claimant has not yet purchased a prosthetic limb, courts may deny compensation for it until purchase or need arises Jayaveer Singh @ Jayavir Singh VS Jitender - Delhi.
Overall, the legal framework underscores the importance of providing comprehensive compensation that covers the cost of prosthetic limbs, their maintenance, and related expenses, tailored to the severity of injuries and future needs. Courts have set benchmarks (e.g., Rs.3 lakh for prosthetic costs) and emphasized the need for ongoing support, including prosthetic replacements and accessories, to ensure the injured person's mobility and quality of life are adequately addressed Sunil Kumar @ Shina vs Hanuman Singh and others - Punjab and Haryana, Shriram General Insurance Co. Ltd. VS Gurram Naga Raju - Andhra Pradesh, R. Venkateswaran vs Ramasamy - Madras.
various components including loss of earnings, medical expenses, and prosthetic needs. ... disability and the need for prosthetics, aligning with established precedents to ensure that monetary relief is effective in addressing ... (A) Compensation - Motor Vehicles Act, 1988 - The court reassessed the compensation awarded for severe injuries resulting in amputation ... Thus, the assessment of cost of prosthetic limb is taken as Rs.3 lakh. ... Thus, on the count of 'prosthetic need', an ....
Case: The claimant, an employee of the Railways, suffered severe injuries, including amputation of his right leg ... calculating compensation, emphasizing the need for just compensation based on the severity of injuries and future medical needs, ... He sought compensation for his injuries and related expenses. ... State Road Transport Corporation, 2022 Live Law (SC) 1017 considered life of prosthetic limb and awarded compensation so that the claimant can buy three prosthetic#....
Case: The claimant, an employee of the Railways, suffered severe injuries, including amputation of his right leg ... calculating compensation, emphasizing the need for just compensation based on the severity of injuries and future medical needs, ... He sought compensation for his injuries and related expenses. ... State Road Transport Corporation, 2022 Livelaw (SC) 1017 considered life of prosthetic limb and awarded compensation so that the claimant can buy three prosthetic#H....
- Claimant suffered serious injuries including amputation of the right leg - Tribunal awarded compensation of Rs.72,85,000/- with ... compensation to Rs.47,52,574/-. ... The Tribunal initially awarded Rs.72,85,000/- as compensation. ... State Road Transport Corporation, 2022 Livelaw (SC) 1017 considered life of prosthetic limb and awarded compensation so that the Claimant therein can buy three prosthetic limbs ... In this case, there is no mention of the frequency at ....
- The court recalculated compensation based on loss of earnings, medical expenses, prosthetic needs, and other factors, ultimately ... including future earnings and the need for prosthetics. ... case: ... The claimant sustained severe injuries in an accident on 25.01.2010, resulting in the amputation of his right arm and leg ... Thus, the assessment of cost of prosthetic limb is taken as Rs.3 lakh. ... Thus, on the count of ‘prosthetic need’, an amount of Rs.24,00,000/- is granted. An....
towards future prospects and the cost of the prosthetic limb. ... The Claimant challenged the Impugned Award on grounds related to future prospects and compensation for the artificial limb. ... 'transport vehicle' and 'private service vehicle' under the Motor Vehicles Act, and the adoption of minimum wages for assessing compensation ... State Road Transport Corporation, 2022 SCC OnLine 1701, the Supreme Court, while considering a claim of an injured aged about 37 years, had observed and assessed the compensation as under....
a prosthetic leg. ... for a prosthetic leg. ... Disability - Age of Claimant - Prosthetic Leg - [FACT OF THE CASE] On 11th August 2013, the appellant suffered injuries in a road ... The appellant has still not purchased a prosthetic leg, and therefore, when there is no question as to purchase of the prosthetic, there can be no compensation for the prosthetic leg. Analysis Loss of....
Motor Accident – Claims of compensation – Injuries - Proved by the evidence - Victim, in this case was hardly ... , she has to be fixed with an artificial leg for which a sum of was awarded by Tribunal and the same is confirmed. ... the rash and negligent driving of the bus and it dashed against respondent/victim and vehicle ran over her and crushed her right leg ... Prosthetic training is also given if the patient is eligible for a porsthetic and has the energy to learn to use it. ... The pro....
and provision of a motorised wheelchair and a standard prosthetic leg with a lifetime warranty to the claimant. ... The appellant was directed to carry out fresh computation of compensation and provide a motorised wheelchair and a standard prosthetic ... The appellant was directed to carry out fresh computation of compensation and provide a motorised wheelchair and a standard prosthetic ... The appellant has impugned the quantum of the compensation awarded for fitment....
costs for prosthetic limb maintenance. ... should reflect the ongoing costs of maintaining a prosthetic limb. ... , loss of marital prospects, and costs associated with the prosthetic limb. ... Further, taking into consideration the escalation in the price of the prosthetic limb, a sum of Rs.4,00,000/- is awarded towards replacement of prosthetic limb and a sum of Rs.1,00,000/- towards the cost of periodical maintenance of prosthetic limb. ... However, the Tribunal has not taken into c....
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