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1 - 10 of 15 (0.43 seconds)Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010
In our view, the principles laid down in Arvind Kumar
Mishra v. New India Assurance Co. Ltd. and Raj Kumar v. Ajay
Kumar must be followed by all the Tribunals and the High Courts
in determining the quantum of compensation payable to the
victims of accident, who are disabled either permanently or
temporarily. If the victim of the accident suffers permanent
disability, then efforts should always be made to award adequate
compensation not only for the physical injury and treatment, but
also for the loss of earning and his inability to lead a normal life
and enjoy amenities, which he would have enjoyed but for the
disability caused due to the accident."
Pappu Deo Yadav vs Naresh Kumar on 17 September, 2020
35.The yardstick to be adopted in such exigencies was reaffirmed by
the Hon'ble Supreme Court in Pappu Deo Yadav (supra). The
following was set out by the three Judges' Bench:
N. K. V. Bros (P) Ltd vs M. Karumai Ammal And Ors. Etc on 21 March, 1980
25.In this regard, it will be pertinent to quote the observations of the
Hon'ble Supreme Court in N. K. V. Bros (P) Ltd vs M. Karumai
Ammal And Ors. reported as (1980) 3 SCC 457:
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
In view of the above, the
multiplier laid down in Sarla Verma and Ors. v. Delhi Transport
Corporation and Anr. reported as (2009) 6 SCC 121 would be 15.
K. Suresh vs New India Assurance Co.Ltd & Anr on 19 October, 2012
46.To appreciate the aforementioned award of non-pecuniary
damages, it will be apposite to delve into the jurisprudence behind
the practice of awarding such damages. The same has been summed
up by Hon'ble Apex Court in K. Suresh v. New India Assurance
Co. Ltd. reported as (2012) 12 SCC 274 in the following words:
Govind Yadav vs The New India Insurance Co.Ltd on 1 November, 2011
In Govind Yadav v. New India Insurance Company Limited
reported as (2011) 10 SCC 683, the Hon'ble Supreme Court has
reiterated thus:
Arvind Kumar Mishra vs New India Assurance Co. Ltd. & Anr on 29 September, 2010
In our view, the principles laid down in Arvind Kumar
Mishra v. New India Assurance Co. Ltd. and Raj Kumar v. Ajay
Kumar must be followed by all the Tribunals and the High Courts
in determining the quantum of compensation payable to the
victims of accident, who are disabled either permanently or
temporarily. If the victim of the accident suffers permanent
disability, then efforts should always be made to award adequate
compensation not only for the physical injury and treatment, but
also for the loss of earning and his inability to lead a normal life
and enjoy amenities, which he would have enjoyed but for the
disability caused due to the accident."
Jagdish vs Mohan on 6 March, 2018
44. The 'justness' of the compensation has been interpreted by a three
Judges' Bench in Jagdish v. Mohan reported as (2018) 4 SCC 571
in the following words: