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1996 Supreme(Del) 95

A.D.SINGH, M.JAGANNADHA RAO
RATTAN LAL MEHTA – Appellant
Versus
RAJINDER KAPOOR – Respondent


M. Jagannadha Rao

( 1 ) IN this Appeal, we are considering certain fundamental theories concerning non-pecuniary damages and certain principles concerning the basis and applicability of the statutory multiplier Table introduced by Parliament by Act 54/94. This is a Letters Patent appeal against the judgment of the learned Single Judge in FAO No. 162 of 1983 dated 19. 1. 1989. The appeal is by the victim of the accident which occured on 28. 3. 1978 consequent to which the right eye of the appellant had to be removed. The appellant had to remain in the All India Institute of Medical Sciences upto 10. 5. 1978. In the Motor Accidents Claims Tribunal the appellant filed Suit No. 47 of 1978 on 8. 11. 1978 claiming a compensation of Rs. 3 lakhs. The Tribunal awarded a sum of Rs. 66,200. 00 with costs against both the 1st respondent (Mr. Rajinder Kapoor) and the 2nd respondent (The National Insurance Co. Ltd. with interest at 9% from date of filing of the petition till realisation. The Tribunal gave a finding that 1st respondent was rash and negligent in driving his car DHA 8673 and in hitting the appellant s car DLF 3229 resulting in appellant s car getting smashed and appellant receiving





















































































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