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1981 Supreme(Guj) 19

S.B.MAJMUDAR, P.D.DESAI
STATE OF GUJARAT – Appellant
Versus
DUSHYANTBHAI NAGJIBHAI PATEL – Respondent


Advocates Appeared: M.B.SHAH, M.D.PANDYA

P. D. DESAI, J.

( 1 ) IT is well-settled that a person injured by anothers wrong is entitled to general damages for non-pecuniary loss such as his pain and suffering past and future and his loss of amenity and enjoyment of life. Such damages constitute a conventional sum. A set of conventional principles have been evolved providing a provisional guide to the comparative severity of different injuries and indicating a bracket of damages into which a particular injury will currently fall. The particular circumstances of the plaintiff including his age and any unusual deprivation he may suffer is reflected in the actual amount of the award. The fall in the value of money leads to a continuing reassessment of these awards and to periodic reassessment of damages at certain key points (see Babu Mansa v. Ahmedabad Municipal Corporation 19 G. L. R. 492 ).

( 2 ) WE have pointed out above that in the claim petition damages under this head were assessed by the claimant himself at Rs. 1 10 0 However the actual total claim which included the claim under this head was ultimately substantially reduced. The Tribunal awarded a global amount of Rs. 10 0 under this head. It appears to us that the awar










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