Yadava Kumar Vs.The Divisional Manager, National Insurance Co. Ltd. and another
Compensation - Determination of -Guiding principles - Court must be liberal as law must value life and limb on a generous scale -Concept of "just compensation" suggests ap-plication of fair and equitable principles and reasonable approach guided by principles of good conscience.
Compensation and damage - Distinction between -"Compensation" may include a claim for damage but "compensation" is more comprehensive - Damages given for injury suf-fered but compensation for atonement of the injury to put the injured as far as possible in the same position.
Compensation - Determination of-Structured formula as provided under second schedule under section 163-A to be applied in accident cases-Multiplier method appropriate in cases of injuries.
Compensation - Determination of - Claimant 30 years old at the time of accident and a painter by profession - Sustained disability at 33% in respect of right upper limb and 21% towards left upper limb and 20% in respect of whole body - Carrying those injuries bound to suffer loss of earning capacity - Total rejection of claim of loss of future earning by the Courts below not justified - Applying multiplier of 17 and taking yearly income at Rs. 36,000/- as accepted by the High Court total comes to Rs. 6,12,000/- Considering disablement of 20% loss of future earning determined at Rs. 1,22,400/- If added to compensation granted under other heads, total comes to Rs. 1,94,400/- i.e., lump sum Rs.2,00,000/- Interest allowed @8%.
Topic(s)-Just compensation ,
Important Decision(s)-