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Cholan Roadways Corporation Ltd vs Ahmed Thambi on 3 August, 2006

13. While speaking on behalf of the Division Bench of the Apex Court, Hon'ble Mr.Justice P.Sathasivam has made reference to Ramesh Chandra vs. Randhir Singh & Ors.(1990) 3 SCC 723 and Cholan Roadways Corporation Ltd., Vs. Ahmed Thambi, 2006(2) TN MAC 342 (FB): 2006 (4) CTC 433 cited supra. With regard to Ramesh Chandra his Lordship, in paragraph Nos.11 & 12, has observed as follows:
Madras High Court Cites 10 - Cited by 156 - Full Document

Ramesh Chandra vs Randhir Singh And Ors.(Vice Versa) on 3 May, 1990

Para.11:'' In Ramesh Chandra vs. Randhir Singh & Ors. (1990) 3 SCC 723 while considering award of compensation for permanent disability (right foot amputated) caused by the accident under Section 110-B of the Motor Vehicles Act, 1939 which is similar to Section 168(1) of the Motor Vehicles Act, 1988, this Court upheld the award of compensation under separate head of pain, suffering and loss of enjoyment of life, apart from the head of loss of earnings. The discussion and ultimate conclusion are relevant which reads as under:-
Supreme Court of India Cites 4 - Cited by 83 - M M Punchhi - Full Document

C. K. Subramonia Iyer & Ors vs T. Kunhikuttan Nair And 6 Ors on 8 October, 1969

The figure is bound to be for the most part a conventional sum. The judges have worked out a pattern, and they keep it in line with the changes in the value of money.'' Para.6:''While assessing the damages there is a command to exclude considerations which are in the realm of speculation or fancy though some guess work or some conjecture to a limited extent is inevitable. That is what has been stated in C.K. Subramania Iyer v. T. Kunhikuttan Nair, AIR 1970 SC 376. Thus, some guess work, some hypothetical considerations and some sympathy come into play but, a significant one, the ultimate determination is to be viewed with some objective standards. To elaborate, neither the tribunal nor a court can take a flight in fancy and award an exorbitant sum, for the concept of conventional sum, fall of money value and reasonableness are to be kept in view. Ergo, in conceptual eventuality just compensation plays a dominant role.'' Para.7. ''The conception of just compensation is fundamentally concretized on certain well established principles and accepted legal parameters as well as principles of equity and good conscience.
Supreme Court of India Cites 3 - Cited by 673 - K S Hegde - Full Document
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