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1981 Supreme(Guj) 32

S.B.MAJMUDAR, P.D.DESAI
PRAVINCHANDRA JIVRAJ MEHTA – Appellant
Versus
LALBHAI MELABHAI VASAVA – Respondent


Advocates Appeared: M.H.CHHATRAPATI, S.B.VAKIL

S. B. MAJMUDAR, J.

( 1 ) NOW we have to consider the question of awarding adequate compensation to the claimant on the head of pain. shock and suffering and loss of amenities in life which the severe accidental head injury had left on the claimant. The Tribunal came to the conclusion that the claimant who had suffered such injury should be awarded the conventional amount of Rs. 3 0 as just and reasonable compensation. We find that the aforesaid award of the Tribunal is grossly inadequate and it is far below the line drawn by the decided cases which had to deal with similar question especially the cases which came up for consideration before the English courts. Before we proceed to deal with the question of assessment of proper damages on the head of pain shock and suffering in the light of the peculiar injuries suffered by the claimant it would be a profitable to have a look at the settled legal position on this aspect.

( 2 ) IN first Appeal No. 822 of 1974 and group decided by learned brother P. D. Desai J. and R. C. Mankad J. on 18/19/20-3-1980 Ahmedabad Muni. corpn. v. Niranjan Ambalal Patel 23 (2) G. L. R. 180) and to which we have made a detailed reference earlier this court ha










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