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2004 Supreme(Kar) 136

RAM MOHAN REDDY, S.R.NAYAK
K. NARASIMHA MURTHY – Appellant
Versus
MANAGER, ORIENTAL INSURANCE CO. LTD – Respondent


Advocates:
A.K.Bhat, M.SOWRI RAJU

S. R. NAYAK, J.

( 1 ) IN a bodily injury case, the injured person being dissatisfied with the award of Rs. 1,48,200 with interest at the rate of 9 per cent per annum, has preferred this appeal under section 173 (1) of the Motor Vehicles Act, 1988 (for short, 'the Act' ).

( 2 ) THE determination of the quantum of compensation by the decision-maker in this case is niggardly and reflects conservatism to the core and an outstanding orthodoxy in legal reasoning. Value of life and limb has not received due consideration at the hands of the decision-maker. Compensation awarded by the M. A. C. T. is very much mean and totally unfair 'in the views of reasonable men in general and of judges in particular', if we can borrow that phrase from Sachs, LJ. , in Jones v. Griffith, (1969)2 All ER 1015. Salmon, LJ. , in Fletcher v. Autocar and Transporters Ltd. , 1969 acj 99 (CA, England), said:". . . the damages awarded should be such that the ordinary sensible man would not instinctively regard them as either mean or extravagant, but would consider them to be sensible and fair. . . "the damages are not consolation money and they are given for the loss already incurred and to be incurred in the futu


























































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