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V. Mekala vs M. Malathi & Anr on 25 April, 2014

20. Coming to the non-pecuniary loss, the Tribunal awarded Rs.40,000/- towards pain and suffering to the claimant/appellant. Learned counsel appearing for the appellant relies upon V. Mekala vs. M. Malathi & Anr. 2014 ACJ 1441; Rekha Jain vs. National Insurance Company Limited in Mac.App.903/2011 & MAC.APP.454/2012 Page 7 of 11 Civil Appeal Nos.5370-5372 of 2013 dated August 01, 2013 and Kavita vs. Deepak & Ors., (2012) 8 SCC 604 to contend that compensation awarded on account of earning and suffering is on the lower side.
Supreme Court of India Cites 10 - Cited by 427 - V G Gowda - Full Document

Rekha Jain vs Natioanl Insurance Co.Ltd. & Ors on 1 August, 2013

20. Coming to the non-pecuniary loss, the Tribunal awarded Rs.40,000/- towards pain and suffering to the claimant/appellant. Learned counsel appearing for the appellant relies upon V. Mekala vs. M. Malathi & Anr. 2014 ACJ 1441; Rekha Jain vs. National Insurance Company Limited in Mac.App.903/2011 & MAC.APP.454/2012 Page 7 of 11 Civil Appeal Nos.5370-5372 of 2013 dated August 01, 2013 and Kavita vs. Deepak & Ors., (2012) 8 SCC 604 to contend that compensation awarded on account of earning and suffering is on the lower side.
Supreme Court of India Cites 11 - Cited by 213 - V G Gowda - Full Document

National Insurance Company Ltd. ... vs Smt. Anisa Begum W/O Rais Ahmad, Rais ... on 7 May, 2007

16. This appeal is filed by the appellant/claimant for enhancement of the compensation. Learned counsel appearing for the appellant submits that the claimant was earning Rs.5,400/- per month as field Supervisor in M/s. M.K.Petro Products India (P) Ltd. Despite this position he submits that the Tribunal has awarded minimum wages for an unskilled worker of Rs.3,516/- per month. He submits that there was no reason to discard the averments made by the claimant as a witness about his salary being Rs.5,400/- per month. He relies upon the judgment of a Division Bench of the Allahabad High Court in the case of National Insurance Company Limited vs. Anisa Begum& Ors., IV (2007) ACC 97. In any case he submits that without prejudice even if there was an issue about the evidence on record, at best the Mac.App.903/2011 & MAC.APP.454/2012 Page 6 of 11 minimum wages of a skilled worker ought to have been used which were Rs.3,940/- per month. He further submits that the compensation under non- pecuniary heads, namely, pain and suffering is on the lower side as only Rs.40,000/- has been awarded. He further submits that no compensation for loss of amenities and loss of expectation, disfigurement and disability has been given. He also seeks payment of attendant charges.
Allahabad High Court Cites 2 - Cited by 3 - A Lala - Full Document
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