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1 - 5 of 5 (0.24 seconds)Master Sudeep vs Divisional Manager on 12 April, 2011
Noticeably, no award for loss of future
income due to disability was granted in the said cases and instead, the
method of awarding compensation on account of permanent disability/loss of
amenities as commended in Master Mallikarjun (supra) was adopted.
Kumari Kiran Thr. Her Father ... vs Sajjan Singh & Ors on 11 September, 2014
9. In the above view, the functional disability suffered by the claimant in
the case at hand is accepted as over 30% in relation to the whole body.
Therefore, the compensation under the head of "permanent disability/loss of
amenities" in this case would be Rs. 4,00,000/-. Adopting the other heads of
damages granted in the case of Kumari Kiran (supra), the compensation in
the sum of Rs. 1,00,000/- towards pain & suffering; Rs. 25,000/- towards
agony to parents; Rs.5,000/- towards transportation charges; Rs.10,000/-
towards special diet & nutrition and Rs. 25,000/- towards future medical
expenses are granted. Adding the actual medical expenses assessed by the
tribunal in the sum of Rs. 5,000/- and Rs.17,180/- for attendant charges
besides Rs. 50,000/- awarded on account of loss of marriage prospects, the
total compensation payable in the case is computed as Rs. (4,00,000/- +
1,00,000 + 25,000 + 5,000 + 10,000+ 25,000 + 5,000 + 17,180 + 50,000)
Rs. 6,37,180/-
Mr. R.D. Hattangadi vs M/S Pest Control (India) Pvt. Ltd. & Ors on 6 January, 1995
"7. It is unfortunate that both the Tribunal and the High
Court have not properly appreciated the medical evidence
available in the case. The age of the child and deformities
on his body resulting in disability, have not been duly taken
note of. As held by this Court in R.D. Hattangadi v. Pest
Control (India) (P) Ltd (1995) 1 SCC 551, while assessing
the non-pecuniary damages, the damages for mental and
physical shock, pain and suffering already suffered and that
are likely to be suffered, any future damages for the loss of
amenities in life, like difficulty in running, participation in
active sports, etc. damages on account of inconvenience,
hardship, discomfort, disappointment, frustration, etc. have
to be addressed especially in the case of a child victim. For
a child, the best part of his life is yet to come.
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
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