For the purposes of this Chapter, permanent disablement of a person shall be deemed to have resulted from an accident of the nature referred to in sub-section (1) of section 140 if such person has suffered by reason of the accident, any injury or injuries involving—
(a) permanent privation of the sight of either eye or the hearing of either ear, or privation of any member or joint; or
(b) destruction or permanent impairing of the powers of any member or joint; or
(c) permanent disfiguration of the head or face.
Simplified Explanation
Section 142 of the Motor Vehicles Act in India defines “permanent disablement” for the purposes of claiming compensation under the Act. This definition is crucial for understanding who is eligible for compensation and the extent of that compensation following a motor vehicle accident.
Key Elements of Section 142
Definition of Permanent Disablement:
- Permanent Disablement is defined as an injury resulting from a motor vehicle accident, which causes the affected person’s inability to perform any work that they were capable of performing before the accident. This disablement must be permanent and significant enough to affect the person’s ability to engage in their usual activities or any form of employment.
Criteria for Permanent Disablement
- Nature of Disablement: The disablement must be permanent, which means the injury does not heal to return functionality to pre-accident status and continues indefinitely.
- Impact on Employment: The injury must significantly impact the person’s ability to perform the kind of work they were used to prior to the accident. This includes any kind of employment, not just the specific job the individual was doing at the time of the accident.
- Medical Assessment: Typically, the extent of disablement is determined based on medical assessments conducted by qualified professionals. They evaluate the severity of the injuries and determine the percentage of disability.
- Legal Documentation: Medical documentation and legal proceedings are crucial in certifying the disablement as permanent for the purposes of compensation claims.
Examples of Permanent Disablement
- Loss of limbs or major part of a limb
- Severe disfigurement
- Loss of eyesight or hearing
- Significant and irreversible neurological damage
Compensation for Permanent Disablement
Compensation for permanent disablement is calculated based on several factors:
- Severity of Disablement: More severe disablements receive higher compensation.
- Income of the Disabled: The potential future earnings lost due to disablement are considered.
- Costs of Care and Rehabilitation: Ongoing medical costs and costs for changes in lifestyle or modifications to living spaces can be factored into the compensation.
- Age: Younger individuals might receive more compensation due to the longer impact period of the disablement.
Legal Implications
- Claims Process: Claims for compensation due to permanent disablement are typically processed through Motor Accident Claims Tribunals.
- Time Frame: There is a stipulated time frame within which the claim for compensation must be filed after the occurrence of the accident.
- Legal Assistance: Given the complexities involved in proving permanent disablement and the calculation of compensation, legal advice is often essential.
Understanding Section 142 helps in recognizing the rights of individuals permanently disabled by motor vehicle accidents and the provisions available under the Motor Vehicles Act for their support and compensation. This clarity is essential for ensuring that affected individuals can effectively claim and receive the compensation they are entitled to.
