1. REKHA JAIN VS NATIONAL INSURANCE CO. LTD. - 01 Aug 13

IMORTANT POINT A man is not compensated for the physical injury; he is compensated for the loss which he suffers as a result of that injury. Therefore, the functional disability is a forceful alteration of career option of the appellant who has already undergone physical and mental injuries because of the accident. It would amount to adding distress to injury if one is forced to work with difficulty to earn his/her livelihood so as to reduce the burden of the wrongdoer in terms of compensation.

- Mode of Quantification- It is well-settled principle that in granting compensation for personal injury, the injured has to be compensated ... In personal injury cases the two main elements are the personal loss and pecuniary loss. ... After the accident, her physical fitness, physical appearance and her zeal to perform in films have been reduced to zero. ... Willoughby, (1969) 3 All ER 1528 at p. 1532 has said: "A man is not compensated for the physical injury; he is ... In this regard, in Baker’s case supra, it has been stated by Lord Reid that a man is not compensated for the physical injury; he ... compensated for the loss which he suffers as a result of that injury.

India - Supreme Court

2. Francis Cruzinho Pinto VS Mozes Anthony D’Silva - 16 Mar 12

In deciding the quantum of damages to be paid to a person for the personal injury suffered by him, the Court is bound to ascertain all consideration which will make good, to the sufferer of the injuries, as far as money can do, the loss which he has suffered as a natural consequence of the wrong done to him.

—Claimant suffered permanent disablement of 22.5 per cent—Tribunal awarded just and reasonable compensation as far as actual loss ... for the personal injury suffered by him, the Court is bound to ascertain all considerations which will make good. ... to the sufferer of the injuries, as far as money can do, the loss which he has suffered ... He has done no wrong; he has suffered a wrong at the hands of the defendants and you must

India - Current Civil Cases

3. Vishal Gupta VS Director I. G. F. R. I. - 15 Dec 21

Point of law : Principles regarding the determination of just compensation, contemplated under the Motor Vehicle Act (hereinafter referred to as ‘MV Act’) are well settled. Injuries caused deprivation to the body, which entitles the claimant to claim damages. It is impossible to compensate human sufferings and personal deprivation with money. However, this is what the MV Act enjoins upon the courts to do. The Court has to make a judicious attempt to award damages so that the claimant or the victim may be compensated for the loss suffered by him.

income of appellant as Rs. 15,000/- per annum while appellant was earning Rs. 10,000/- per month and no amount is awarded for future loss ... awarded for future medicines, special diet and attendant charges by Tribunal and 7% per annum interest is awarded by Tribunal, is also ... of income - Tribunal has not awarded any sum for future medicines, special diet and attendant charges while in these heads he would ... for the loss suffered by him. ... On account of injury, the claimant may suffer consequential loss such as loss of earnings ... because the damages assess for personal injuries should be substantial to compensate the injured for the deprivation suffered by

India - Allahabad

4. Union of India Rep. by Secretary, Department of Telecommunications VS Swaroop Shetty S/o Mahabala Shetty - 13 Dec 19

A person undertaking an activity involving hazardous or risky exposure to human life, is liable under law of torts to compensate for the injury suffered by any other person, irrespective of any negligence or carelessness on the part of the managers of such undertakings. The basis of such liability is the foreseeable risk inherent in the very nature of such activity. The liability cast on such person is known, in law, as strict liability. It differs from the liability which arises on account of the negligence or fault in this way i.e. the concept of negligence comprehends that the foreseeable harm could be avoided by taking reasonable precautions.

Highway and thus sustained very severe injuries to his spinal cord-Though expert treatment was provided by spending huge amount he suffered ... place their defence in the proper way-If plea was not put forward, no evidence can be looked into-All the pleadings are clear and ... The third defendant did not chose to file an appeal challenging the judgment and decree passed in favour of the plaintiff. ... human life, is liable under law of torts to compensate for the injury suffered by any other person, irrespective of any negligence ... The plaintiff might have suffered injury from some private property and so, not entitled ... evidence concluded that the plaintiff had sustained injury due to the negligent act of the defendants and he is entitled to get

India - Kerala

5. T. J. Parameshwarappa @ Parameshwarappa @ J. T. Parameshwarappa @ Talalkena Gowdra Parameshwarappa VS Branch Manager, New India Assurance Co. Ltd. - 18 Nov 22

Injury in accident – Quantum of compensation must be commensurate with degree of disability suffered by victim.

Motor Vehicles Act, 1988 – Section 166 – Injury in accident – Quantum of compensation – Amount of compensation ... treatment – As claimant sustained comminuted fracture of tibia bones of both legs, whole-body disability assessed at 30% – Towards loss ... of future amenities and towards loss of income during laid up period for a period of twelve months compensation is enhanced – Judgment ... A person is not only to be compensated for the physical injury, but also for the loss which ... he suffered as a result of such injury. ... by the person.

India - Supreme Court

6. Virendra Kumar VS Vijay Kumar - 08 May 20

If the victim of the accident suffers permanent disability, then efforts should always be made to award adequate compensation not only for the physical injury and treatment, but also for the loss of earning and his inability to lead a normal life and enjoy amenities, which he would have enjoyed but for the disability caused due to the accident.

District Judge, Court No.7, Mathura claiming a compensation of Rs.10,00,000/- along with 12% interest in respect of the injuries suffered ... getting any other employment was bleak and even if he got any job, the salary was likely to be a pittance – Court assessed his loss ... getting any other employment was bleak and even if he got any job, the salary was likely to be a pittance – Court assessed his loss ... A person is not only to be compensated for the physical injury, but also for the loss which ... or injury he has suffered. ... he suffered as a result of such injury.

India - Allahabad

7. Babu, S/o. Devassia VS Thomas Mathew, S/o Mathai - 16 Oct 18

Important Points:" While fixing all account of compensation, the theory is that the injured should be restored back to the pre-accident stage- In permanent disability case what is calculated is the future earning of the injured payable to him-In case of death, dependency is calculated to the family members of the deceased. But in case of personal injury, one third of the income from the loss of earning need not be deducted since the injured is alive." There was no reason for the Tribunal to have reduced the claim of the claimant and determined the monthly earning to be a sum of Rs.3000 per month-The appellant was working as a coolie -Cannot expect him to produce any documentary evidence to substantiate his claim- In the absence of any other evidence contrary to the claim made by the claimant-The Tribunal should have accepted the claim of the claimant.

But in case of personal injury, one third of the income from the loss of earning need not be deducted since the injured is alive. ... The object is to make good the loss suffered as a result of wrong done as far as the money can do so, in a fair and equitable manner-While ... in injury with permanent disability case is sustainable in law? ... person according to the nature of injury. ... Where a person suffers due to physical injuries and those injuries prevents him from living ... Normally damages are given for an injury which is suffered, whereas compensation stands

India - Kerala

8. Lata Wadhwa VS State Of Bihar - 16 Aug 01

VERY The Chandrachud s Committee s report on compensation for TISCO March 1889 Fire Victims (113 injured persons), dependants (of 60 dead persons) upheld by Supreme Court adopting suggested multiplier system but making certain enhancements in conventional addition (50,000/- for suggested 25,000/- per head), not adjusting monetary benefits already given by TISCO to compensate delay and hiking the compensation for those who lost their children in the tragedy.

respect of the injured persons, who suffered the burn injury on account of the tragic incident. ... It may be stated that the injured persons with burn injury of 10 and below have not been awarded any compensation. ... In every case, "it is the overall picture that matters", and the court must try to assess as best as it can, the loss suffered. ... It had also been urged that on account of such burn injury, many persons have suffered from social isolation and all of them suffered ... respect of the injured persons, who suffered the burn injury on account of the tragic incident. ... There being no pleadings in the statement of claim, regarding the nature of burn injury suffered, the nature, duration and quality

India - Supreme Court

9. Govindram Prajapati VS Girraj Singh - 09 Sep 13

Same injury or loss may affect two different persons in different ways.

judged with reference to nature of work being performed by person suffering disability—This is the basic premise—Same injury or ... of Rs.44,000 awarded by Tribunal—In context of loss of future earning, any physical disability resulting from accident has to be ... Motor Vehicles Act 1988—Section 168 and 173—Accident—Compensation—Enhancement—Serious injury caused to elbow in accident—Compensation ... Apex Court has held that where a person suffers injury, partly due to negligence on the part of ... It is further submitted that due to injury caused, the claimant could not earn for four ... Ajay Kumar this Court considered in great detail the correlation between the physical disability suffered in an accident and the

India - Current Civil Cases

10. Mohd. Sabeer @ Shabir Hussain VS Regional Manager, U. P. State Road Transport Corporation - 09 Dec 22

(1) In cases of permanent disablement caused by a motor accident, claimant is entitled to not just future loss of income, but also future prospects.(2) Permanent disability suffered in motor accident – While no material compensation can completely negate trauma and suffering that injured and his family faces, law only knows language of monetary compensation in such cases.

Court has wrongly taken view that Appellant has only suffered 35% functional disability – Appellant is not a salaried person but ... just future loss of income, but also future prospects – As per disability certificate, Appellant has suffered 70% disability – High ... not drive on his own which hinders his mobility further – Loss of future earning capacity must be calculated at 60% – Even if income ... must not only be compensated for his physical injury, but also for the non-pecuniary losses which he has suffered due to the injury ... for loss of expectation of life i.e. on account of injury the normal longevity of the person concerned is shortened; (iv) inconvenience ... suffering, already suffered or likely to be suffered in the future; (ii) damages to compensate for the loss of amenities of life

India - Supreme Court