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1 - 10 of 10 (0.55 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 338 in The Indian Penal Code, 1860 [Entire Act]
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 4 in The Employee's Compensation Act, 1923 [Entire Act]
Section 133 in The Motor Vehicles Act, 1988 [Entire Act]
Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010
30. Before discussing on this point, it is
necessary to advert to the observations made by the
Hon'ble Supreme Court in 2
Raj Kumar vs. Ajay
Kumar. The Hon'ble Supreme Court has held that,
"the provision of the Motor Vehicles Act,
1988 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 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".
The Indian Penal Code, 1860
Aliveli Mallareddy vs Surthani Linganna , Chinna Linganna, on 21 July, 2023
31. By considering the dictums of Hon'ble
Supreme Court and Our Hon'ble High Court and also
evidence led by the medical officer, It is appears to
Court that, the petitioner has sustained grievous and
simple injuries. And it certainly affected on
functioning over the left leg. The petition discloses
that the petitioner is student and helping to his
mother in day today activities. The evidence of the
SCCH-25 25 MVC No.3543/2024
& MVC No.3544/2024
medical officer clearly clinches that on clinical
examination, the medical officer has pointed out that
the petitioner is not required further treatment or
follow up treatment and also implants should be
remove. However the injuries affected to petitioner,
certainly effects on his further education and also
extra curriculum activities. The Hon'ble Supreme
Court of India has held in a judgment/decision of
ALIVELI MALLAREDDY Vs SURTHANI LINGANNA
3
@ CHINNA LINGANNA & Others. in paragraph No.10
"This evidence has been dealt with by the High
Court in extenso and having regard to the fact
that the Almanco Manual would suggest that
the disability when not assessed to the whole
body, the disability to the lower limb will be 1/5
and upper limb be ΒΌ of the disability assessed."
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