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1 - 10 of 28 (0.34 seconds)Section 171 in The Motor Vehicles Act, 1988 [Entire Act]
Mr. R.D. Hattangadi vs M/S Pest Control (India) Pvt. Ltd. & Ors on 6 January, 1995
5. The provision of the Motor Vehicles Act, 1988
("the Act", for short) makes it clear that the award
must be just, which means that compensation
should, to the extent possible, fully and adequately
restore the claimant to the position prior to the
accident. The object of awarding damages is to
make good the loss suffered as a result of wrong
done as far as money can do so, in a fair,
reasonable and equitable manner. The court or the
Tribunal shall have to assess the damages
objectively and exclude from consideration any
speculation or fancy, though some conjecture with
reference to the nature of disability and its
consequences, is inevitable. A person is not only to
be compensated for the physical injury, but also for
the loss which he suffered as a result of such
injury. This means that he is to be compensated for
his inability to lead a full life, his inability to enjoy
those normal amenities which he would have
enjoyed but for the injuries, and his inability to
earn as much as he used to earn or could have
earned. [See C.K. Subramania Iyer v. T.
Kunhikuttan Nair [(1969) 3 SCC 64 : AIR 1970
SC 376] , R.D. Hattangadi v. Pest Control (India)
MACT No.376 /2022 Sunita Shukla Vs. Rahul Katyal & ors. Page 11/23
(P) Ltd. [(1995) 1 SCC 551 : 1995 SCC (Cri) 250]
and Baker v. Willoughby [1970 AC 467 : (1970) 2
WLR 50 : (1969) 3 All ER 1528 (HL)] .]
United India Insurance Co. Ltd. vs Kamlesh & Ors. on 9 August, 2017
17. Further, respondent No.1 did not adduce any evidence to
divulge details about mode and manner of accident. It settled that
if driver of offending vehicle does not enter the witness box, an
adverse inference can be drawn against him as observed by
Hon'ble High Court of India in the case of Cholamandlam
insurance company Ltd. Vs. Kamlesh, 2009 (3) AD Delhi 310. In
the present case also, driver did not enter into the witness box to
controvert the claim of petitioner or even to explain
circumstances of accident.