Principles to be adopted by Tribunals/Courts for determination of compensation in cases of permanent disability due to motor accident, extensively surveyed and summarized.
THE PECUNIARY EXPENSES
- Loss of earning for 6 months
- Medical Expenses
- Future Medical Expenses
- Attendant Charges
- Litigation Expenses
- Loss of Conveyance
NON-PECUNIARY EXPENSES
- Pain and Suffering
- Marriage Prospects
- Loss of Amenities
Judgments relied upon:
- Govind Yadav v. New India Insurance Co. Ltd., (2011) 10 SCC 683
- Arvind Kumar Mishra v. New India Assurance Co. Ltd. (2010) 10 SCC 254 and Raj Kumar v. Ajay Kumar (2011) 1 SCC 343
- D. Hattangadi v. Pest Control (India) (P) Ltd. [(1995) 1 SCC 551 : 1995 SCC (Cri) 250]
Held, From the world of the able bodied, the victim is thrust into the world of the disabled, itself most discomfiting and unsettling. If courts nit-pick and award niggardly amounts oblivious of these circumstances, there is resultant affront to the injured victim. [See: Pappu Deo Yadav (supra)]
[Sidram v. United India Insurance Co. Ltd., (2023) 3 SCC 439]