Pushpinder Singh @ Monu vs Rajesh Mehta & Others on 18 November, 2022
Co. Ltd. [K. Suresh v. New India
Assurance Co. Ltd., (2012) 12 SCC 274 :
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K. Suresh vs New India Assurance Co.Ltd & Anr on 19 October, 2012
Reena Shukla And Ors vs The New India Assurance Company Limited ... on 6 February, 2023
In K. Suresh v. New India Assurance Co. Ltd. [K. Suresh
v. New India Assurance Co. Ltd., (2012) 12 SCC 274 : (2013)
2 SCC (Civ) 279 : (2013) 4 SCC (Cri) 638], this Court held
as follows : (SCC p. 276, para 2)
"2. ... There cannot be actual compensation for anguish of the
heart or for mental tribulations. The quintessentiality lies in
the pragmatic computation of the loss sustained which has to
be in the realm of realistic approximation. Therefore, Section
168 of the Motor Vehicles Act, 1988 (for brevity "the Act")
stipulates that there should be grant of "just compensation".
Thus, it becomes a challenge for a court of law to determine
"just compensation" which is neither a bonanza nor a
windfall, and simultaneously, should not be a pittance."
************************
Loss of earnings
The New India Assurance Company Ltd., ... vs Reena Shukla And Ors on 6 February, 2023
In K. Suresh v. New India Assurance Co. Ltd. [K. Suresh
v. New India Assurance Co. Ltd., (2012) 12 SCC 274 : (2013)
2 SCC (Civ) 279 : (2013) 4 SCC (Cri) 638], this Court held
as follows : (SCC p. 276, para 2)
"2. ... There cannot be actual compensation for anguish of the
heart or for mental tribulations. The quintessentiality lies in
the pragmatic computation of the loss sustained which has to
be in the realm of realistic approximation. Therefore, Section
168 of the Motor Vehicles Act, 1988 (for brevity "the Act")
stipulates that there should be grant of "just compensation".
Thus, it becomes a challenge for a court of law to determine
"just compensation" which is neither a bonanza nor a
windfall, and simultaneously, should not be a pittance."
************************
Loss of earnings
Pushpinder Singh @ Monu vs Rajesh Mehta & Others on 18 November, 2022
Co. Ltd. [K. Suresh v. New India
Assurance Co. Ltd., (2012) 12 SCC 274 :
B.George David vs Metropolitan Transport Corporation ... on 27 October, 2017
In our considered opinion, the view taken by the High Court is contrary to the observations made by this Court in the case of K.Suresh (supra). In view of the above, the impugned judgment and order passed by the High Court cannot be sustained and the same is liable to be set aside.
V.Palavesam vs N.Babulal on 22 April, 2024
16.The Hon'ble Supreme Court in a judgment reported in (2012) 12
SCC 274 (K.Suresh Vs. New India Assurance Company Limited and
another) has again referred to the Full Bench judgment of our High Court
and has held that the view expressed in Cholan Roadways Corporation Ltd.,
is not acceptable. Therefore, it is clear that the compensation could be
awarded both under the heads of permanent disability as well as under the
head of loss of earning capacity. However, the Hon'ble Supreme Court has
laid down various guidelines as to how compensation could be awarded
under these two heads.
B.George David vs Metropolitan Transport Corporation ... on 27 October, 2017
In our considered opinion, the view taken by the High Court is contrary to the observations made by this Court in the case of K.Suresh (supra). In view of the above, the impugned judgment and order passed by the High Court cannot be sustained and the same is liable to be set aside.
Kishori Lal vs Sanjay Singh & Ors on 28 August, 2017
M.Murugan vs B. Kamalanabhan (Firm) on 20 October, 2017
In our considered opinion, the view taken by the High Court is contrary to the observations made by this Court in the case of K.Suresh (supra). In view of the above, the impugned judgment and order passed by the High Court cannot be sustained and the same is liable to be set aside.
The New India Assurance Company Ltd vs E.Sukumar on 15 June, 2016
Insofar as the above cited case is concerned i.e., K.Suresh Vs. New India Assurance Co. Ltd., and another (2012) (2) TN MAC 562 (SC), the paragraph Nos.5 to 7 are very much relevant with reference to just compensation: