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2022 Supreme(SC) 551

INDIRA BANERJEE, J. K. MAHESHWARI
Abhimanyu Partap Singh – Appellant
Versus
Namita Sekhon – Respondent


Advocates appeared:
For the Appellant :Karan Singh Dalal, Harmanjit Singh, Vipul Shukla, Suryavir, Atul Dewan, Deepkaran Dalal, Advocates
For the Respondent:Kailash Prashad Pandey, Advocate
IMPORTANT POINT
Permanent disability caused in road accident – By arithmetical calculation, it cannot be decided what may be exact amount of money which would represent pain and suffering to a person, but as per recognized principles, damages must be paid.

JUDGMENT

J.K. Maheshwari, J.

Leave granted.

2. The instant appeal arises out of the judgment dated 21.05.2019 passed by the Single Judge of the High Court of Punjab and Haryana at Chandigarh in First Appeal Order No.4829 of 2002 preferred by the claimant/appellant (hereinafter to be referred to as "claimant"), whereby the said appeal was partly allowed and the compensation granted to the tune of Rs. 9,00,000/- by the Motor Accident Claims Tribunal, Chandigarh (hereinafter to be referred to as "MACT") in MACT Case No. 29 of 1997 was enhanced to Rs. 23,20,000/-.

3. The claimant filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (in short "M.V. Act") asking compensation to the tune of Rs. 200,000,00/- (two crores only) in various heads on account of permanent disability caused to him arising out of a road accident occurred on 10.11.1996, for which FIR was lodged on 11.11.1996. At the time of accident, claimant was five and half years of age and a student of UKG, suffered multiple injuries like cerebral edema/brain edema, fracture right part of temporal bone, spinal cord, lower limbs, due to which he was having loss of speech, convulsions, injuries on face. The lowe


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