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1 - 10 of 14 (0.20 seconds)The Motor Vehicles Act, 1988
Section 2 in The Fatal Accidents Act, 1855 [Entire Act]
Durvuri Papi Reddi And Ors. vs Duvvuri Rami Reddi on 17 February, 1967
(18) Even in the case before the Allahabad High Court , on which Mr. Ishwar Sahai placed reliance, all that was done was compensation in favor of the respondents while dismissing the appeal filed by the Insurance Company was enhanced because the court felt that the amount granted was not adequate. This decision cannot be taken to lay down the proposition that a respondent not filing even cross-objections or having failed to file an appeal can have the entire judgment re-opened on a question of law, as is sought to be done in the present case, namely, right of a husband to grant of compensation for loss of consortium or services of the wife. I, therefore, do not find it possible to entertain this objection raised by the learned counsel.
C. K. Subramonia Iyer & Ors vs T. Kunhikuttan Nair And 6 Ors on 8 October, 1969
(21) Even in the aforesaid case, the Supreme Court recognised that there can be no exact or uniform rule for evaluating human life, and the measure of damages cannot be arrived at by precise mathematical calculations and the amount recoverable depends on the facts and circumstances of each case. It has further been noted in this case that the elements which go to make up the value of the life of the deceased to the designated beneficiaries arc necessarily personal to each case, and that an element of conjecture is unavoidable while assessing damages, under the Fatal Accidents Act, and the appellants in that case were held entitled to recover the present cash value of the prospective services of the deceased minor child, in addition to what they may receive by way of compensation for loss of pecuniary benefits reasonably to be expected after the child attained majority. It is thus clear that even while considering damages under Fatal Accidents Act, the Court held that the equivalent of the services expected to be rendered by a child to his parents in future can be converted into a figure of damages.
Ishwar Devi Malik And Ors. vs Union Of India Through The Secretary To ... on 19 March, 1968
(23) I am fortified, in the view I am taking, by a Division Bench judgment of this Court , Smt. Ishwari Devi Malik and others v. Union of India through the Secretary to the Ministry of Home Affairs, Government of India, New Delhi and others, where it was held that : "THE Fatal Accidents Act is a general law providing for compensation to the representatives of a deceased person or to his estate for the loss occasioned by his death as a result of an accident. On the other hand, the Motor Vehicles Act is a special law which, by section 110 to 110-F provides for adjudication upon claims for compensation in respect of accidents involving the death of, or injury to, persons arising out of the use of motor vehicles."
Abdulkadar Ebrahim Sura And Anr. vs Kashinath Moreshwar Chandani And Ors. on 6 February, 1967
(43) It has been noted by the Bombay High Court in the case of Abdulkhadar Ebrahim Sura and another (supra) that while calculating damages even under section 2 of Fatal Accidents Act on account of loss of expectation of life. "THE objective test of happy life is a correct test to be applied and in doing so, all relevant circumstances must be considered in estimating the reasonable amount of damages under this head."
Sunny Chugh And Ors. vs Darshan Lal And Ors. on 17 January, 1985
(45) The next item which has been pressed by' the appellants is loss of love and affection to the children. This has been noted to be a recognisable head by a Full Bench of the Rajasthan High Court in the case of Smt. Kistoori Devi and others (supra)
(46) The factor of loss of love and affection of the mother as well as maternal care has also been recognised by the Punjab and Haryana High Court in the case of Sunny Chugh and others (supra).