K.S.RADHAKRISHNAN, DIPAK MISRA
K. SURESH – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent
Dipak Misra, J. — Leave granted.
2. Despite many a pronouncement in the field, it still remains a challenging situation warranting sensitive as well as dispassionate exercise how to determine the incalculable sum in calculable terms of money in cases of personal injuries. In such assessment neither sentiments nor emotions have any role. It has been stated in Davies v. Powell Duffryn Associate Collieries Ltd. 1942 AC 601 that it is a matter of Pounds, Shillings and Pence. There cannot be actual compensation for anguish of the heart or for mental tribulations. The quintessentiality lies in the pragmatic computation of the loss sustained which has to be in the realm of realistic approximation. Therefore, Section 168 of the Motor Vehicles Act, 1988 (for brevity ‘the Act’) stipulates that there should be grant of “just compensation”. Thus, it becomes a challenge for a court of law to determine “just compensation” which is neither a bonanza nor a windfall, and simultaneously, should not be a pittance.
3. In Jai Bhagwan v. Laxman Singh and others (1994) 5 SCC 5, a three-Judge Bench of this Court, while considering the assessment of damages in personal-injury- actions, reprodu
C.K Subramania Iyer v. T. Kunhikuttan Nair AIR 1970 SC 376.
B. Kothandapani v. Tamil Nadu State Transport Corporation Ltd. (2011) 6 SCC 420.
Ramesh Chandra v. Randhir Singh (1990) 3 SCC 723.
Arvind Kumar Mishra v. New India Assurance Company Ltd. & anr (2010) 10 SCC 254.
Baker v. Willoughby 1970 AC 467: (1970) 2 WLR 50 : (1969) 3 All ER 1528 (HL).
Jai Bhagwan v. Laxman Singh and others (1994) 5 SCC 5.
Nagappa v. Gurudayal Singh and others (2003) 2 SCC 274.
Yadav Kumar v. Divisional Manager
Concord of India Insurance Co. Ltd. v. Nirmala Devi (1979) 4 SCC 365.
State of Haryana and another v. Jasbir Kaur and others (2003) 7 SCC 484.
Cholan Roadways Corporation Ltd. v. Ahmed Thambi (2006) 4 CTC 433 (Mad).
R.D. Hattangadi v. Pest Control (India) Pvt. Ltd. and others (1995) 1 SCC 351.
Kerala SRTC v. Susamma Thomas (1994) 2 SCC 176.
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