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Hari Pal S/O Sh. Jag Roop Singh vs ) Sh. Shiv Kumar S/O Sh. Shyam Lal on 10 April, 2012 cites

Govind Yadav vs The New India Insurance Co.Ltd on 1 November, 2011

Damages for pain, sufferings, fracture and trauma of amputation of limb, Hon'ble Supreme Court in case Govind Yadav vs. The New India Insurance Company Limited, Civil Appeal No. 9014 of 2011 decided on 01.11.2011 held that, it is not possible for suffering and trauma caused due to the amputation of leg was meager. It is not in dispute that the appellant had remained in the hospital for quite a long period. It is not possible for the courts to make a precise assessment of the pain and trauma suffered by a person whose limb is amputated as a result of accident. Even if the victim of accident gets artificial limb, he will suffer from different kinds of handicaps and social stigma throughout his life. Therefore, in all such cases, the Tribunals and the Courts should make a broad guess for the purpose of fixing the amount of compensation. Admittedly, at the time of accident, the Appellant was a young man of 30 years. For the remaining life, he will suffer the trauma of not being able to do his normal work. Therefore, in my considered view following the above said judgment, I award a sum of Rs. 1,00,000/- in lieu of pain, suffering and trauma caused.
Supreme Court of India Cites 9 - Cited by 548 - G S Singhvi - Full Document

Nizam'S Institute Of Medical Sciences vs Prasanth S.Dhananka & Ors on 14 May, 2009

In Nizam's Institute of Medical Sciences v. Prasanth S. Dhananka MANU/SC/0803/2009: (2009)6 SCC 1, the three-Judge Bench was dealing with a case arising out of the complaint filed under the Consumer Protection Act, 1986. While enhancing the compensation awarded by the National Consumer Disputes Redressal Commission from Rs. 15 lakhs to Rs. 1 crore, the Bench made the following observations which can appropriately be applied for deciding the petitions filed under Section 166 of the Act:
Supreme Court of India Cites 10 - Cited by 565 - Full Document

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 vs. New India Assurance Company Ltd. (supra) and Raj Kumar vs. Ajay Kumar (supra) must be followed by all the Tribunals and the High Court 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 -16- 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".
Supreme Court of India Cites 3 - Cited by 1045 - R M Lodha - Full Document

Sajha & Ors vs National Insurance Co Ltd & Ors on 19 August, 2009

Vehicle of the injured/petitioner was permanently deployed in the school and the petitioner/injured was having permanent job and was a self employed person. He was aged about 30 years at the time of accident. Hon'ble Delhi High Court in Sajha Vs. National Insurance Co. 2010 ACJ 627 and New India Assurance Co. Vs. Raja Ram MAC. APP. No. 175/06 decided on 25.8.2009 held that keeping in view the trend of increase of minimum wages of semi skilled worker from time to time and rises in price index and inflation, it can be said that minimum wages of semi skilled worker would get almost double over a period of next ten years and thus future prospects should be given upon minimum wages also.
Delhi High Court Cites 1 - Cited by 248 - J R Midha - Full Document
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