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1994 Supreme(All) 708

S.C.MOHAPATRA, V.P.GOEL
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
BRIJESH KUMAR JAIN – Respondent


Advocates Appeared:
N.K.SHARMA, P.K.Jain, VINEET SARAN

S. C. MOHAPATRA, V. P. GOEL, JJ.

( 1 ) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988, by the insurer. Claimant aged about 42 years was moving in his car on 9. 4. 1991 when a truck in respect of which risk has been covered by the appellant hit the car. This resulted in serious injuries on the body of the claimant and it is in evidence that half of his body has been paralysed. Even after long treatment in sophisticated hospital, a special bed has to be used for his rest. In this background taking into consideration the expenses which were incurred for medical treatment, the expenses that would be in all likelihood incurred, cost of special bed, cost of repair of the car and employment of an assistant throughout the life for managing daily affairs, Tribunal has awarded compensation of rs. 8,00,000/ -. Thus, the compensation awarded includes pecuniary and non-pecuniary losses.

( 2 ) MR. Vineet Saran, learned Counsel for the appellant, strenuously contended that unreasonable quantum of compensation has to be interfered with in this appeal. We can only state that determination of compensation cannot be in a strait-jacket formula. What compensation is to be awarded d








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