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Motor Vehicles Act 1988 – compensation should be adequate to restore the claimant in the position prior to the accident – SC
Case Law Details
- Case Name
- Govind Yadav Vs The New India Insurance Company Limited (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Govind Yadav Vs The New India Insurance Company Limited (Supreme Court)– The compensation awarded by the Tribunal for pain, suffering and trauma caused due to the amputation of leg was meagre. It is not in dispute that the appellant had remained in the hospital for a period of over three months. It is not possible for the Tribunals and the Courts to make a precise assessment of the pain and trauma suffered by a person whose limb is amputated as a result of accident.
Even if the victim of accident gets artificial limb, he will suffer from different kinds of handicaps and...
In the name of benevolent legislation, in fact, the so called legal heirs are celebrating the death of the victim by claiming more and more compensation , as if the insurance companies are commtting the accidents,which the courts and tribunals are to be taken care of.