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N. Sivammal And Ors. vs Managing Director, Pandian Roadways ... on 24 September, 1984

23. As per the Full Bench decision of the Apex Court reported in 2010 ACJ 697 (Jayakodi v. Branch Manager, National Insurance Co. Ltd.,), wherein basing reliance on a decision of the Apex Court reported in 1985 ACJ 75 (SC) (N.Sivammal v. Managing Director, Pandian Roadways Corporation) the Apex Court has held that nothing is awardable under the head of shock and mental agony of parents or other legal representatives. Therefore the sum of Rs.2,00,000/- awarded by the Tribunal towards mental agony and torture due to multiple fractures and complete immobility is set-aside.
Supreme Court of India Cites 0 - Cited by 139 - D A Desai - Full Document

Mrs. Helen C. Rebello & Ors vs Maharashtra State Road Transport ... on 18 September, 1998

Though by use of the expression "which appears to it to be just" a wide discretion is vested on the Tribunal, the determination has to be rational, to be done by a judicious approach and not the outcome of whims, wild guesses and arbitrariness. The expression "just" denotes equitability, fairness and reasonableness, and non-arbitrary. If it is not so it cannot be just. (See Helen C. Rebello v. Maharashtra State Road Transport Corporation 1999 ACJ 10 (SC) and State of Haryana v. Jasbir Kaur (2003 ACJ 1800).
Supreme Court of India Cites 12 - Cited by 593 - Full Document

Jayakodi vs National Insurance Co Ltd on 23 January, 2009

23. As per the Full Bench decision of the Apex Court reported in 2010 ACJ 697 (Jayakodi v. Branch Manager, National Insurance Co. Ltd.,), wherein basing reliance on a decision of the Apex Court reported in 1985 ACJ 75 (SC) (N.Sivammal v. Managing Director, Pandian Roadways Corporation) the Apex Court has held that nothing is awardable under the head of shock and mental agony of parents or other legal representatives. Therefore the sum of Rs.2,00,000/- awarded by the Tribunal towards mental agony and torture due to multiple fractures and complete immobility is set-aside.
Karnataka High Court Cites 0 - Cited by 4 - H G Ramesh - Full Document
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