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Sri Rajanna @ Raju vs Sri Srinivas on 18 July, 2019 cites

Yadava Kumar vs Div.Mangr.,National Insurance Co.L.& ... on 31 August, 2010

11. What requires to be assessed by the Tribunal is the effect of the permanent disability on the earning capacity of the injured; and after assessing the loss of earning capacity in terms of a percentage of the income, it has to be quantified in terns of money, to arrive at the future loss of earnings (by applying the standard multiplier method used to determine loss of dependency). We may however note that in some cases, on appreciation of evidence and 20 assessment, the Tribunal may find that the percentage of loss of earning capacity as a result of the permanent disability, is approximately the same as the percentage of permanent disability in which case, of course, the Tribunal will adopt the said percentage for determination of compensation (See for example, the decisions of this Court in Arvind Kumar Mishra v. New India Assurance Co. Ltd. and Yadava Kumar v. National Insurance Co. Ltd.
Supreme Court of India Cites 10 - Cited by 187 - Full Document

Nizam'S Institute Of Medical Sciences vs Prasanth S.Dhananka & Ors on 14 May, 2009

(c) In Nizam's Institute of Medical Sciences vs. Prasanth S. Dhananka [(2009) 6 SCC 1], the three-Judge Bench was dealing with a case arising out of the complaint filed under the Consumer Protection Act, 1986. The Bench made the following observations which can appropriately be applied for deciding the petitions filed under Section 166 of the Act: "We must emphasise that the court has to strike a balance between the inflated and unreasonable demands of a victim and the equally untenable claim of the opposite party saying that nothing is payable. Sympathy for the victim does not, and should not, come in the way of making a correct assessment, but if a case is made out, the court must not be charry of awarding adequate compensation. The "adequate compensation" that we speak of, must to some extent, be a rule of thumb measure, and as a balance has to be struck, it would be difficult to satisfy all the parties concerned. 34 At the same time we often find that a person injured in an accident leaves his family in greater distress vis-à-vis a family in a case of death. In the latter case, the initial shock gives way to a feeling of resignation and acceptance, and in time, compels the family to move on. The case of an injured and disabled person is, however, more pitiable and the feeling of hurt, helplessness, despair and often destitution enures every day. The support that is needed by a severely handicapped person comes at an enormous price, physical, financial and emotional, not only on the victim but even more so on his family and attendants and the stress saps their energy and destroys their equanimity."
Supreme Court of India Cites 10 - Cited by 565 - Full Document
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