Depot Manager, Andhra Pradesh State ... vs Rama Ramulu Alias Rama Rao And Anr. on 30 October, 1996
10. Mrs. Vedavathi, learned advocate for the respondents, has her own say in the matter notwithstanding the comparable cases as above fixing the compensation as detailed above. She has shown from New India Assurance Co. case , that for loss of vision of right eye and first degree burns over right side chest only Rs. 45,000/- were awarded towards pain, shock and suffering and further in Savitri Sharma's case 1993 ACJ 714 (MP), for the loss of vision of the left eye Rs. 25,000/- were awarded and again from Pradip Kotkar's case , she had tried to demonstrate that for 95 per cent loss of vision in the left eye, Rs. 25,000/- were awarded. Therefore, she has contended that these comparable cases have demonstrated that the maximum compensation that can be awarded for the loss of one eye cannot be more than Rs. 25,000/-. The contention no doubt has fortification from the precedents but by examining the facts and circumstances of those cases dealing with the accidents of different dates and the circumstances, they may not be a total guide to decide such a question. Even assuming that such comparable cases have provided a base line for assessing such compensation, they are patently 'per incuriam' when compared to the precedents of this Court which are followed by the Delhi High Court which dealing with the question in all detail has provided a scientific basis to assess the compensation. Moreover, these precedents are not in tune with the settled law that the compensation should be normally liberal and should be more in injury claim cases than in the death cases.