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Madhya Pradesh High Court · body

1978 DIGILAW 29 (MP)

Subhas Chandra v. Rawal Singh

1978-01-12

A.R.NAVKAR, H.G.MISHRA

body1978
Short Note : 1. Appellant had challenged the award, by saying that the amount given as compensation was meagre and the finding that he was not entitled for any award as far as future prospects in life were concerned, was not correct. Held : About the award of Rs. 1,000 for the mental and physical suffering which was granted by the Claims Tribunal, the learned Judge has not considered correctly the different aspects of the case. First aspect of the case is that the appellant was under medical treatment from 28-1-1963 to October 1963 within this period, he was not in a position to walk, neither he was in a position to do any work. The appellant had suffered major injuries because of the accident. Then the second aspect is that he was a student of the final year and because of this accident he had to lose his examination. The worry of losing the examination because of the accident was also on his head. Taking these aspect together, the compensation given by the Tribunal is very meagre. Now comes the last and the most important item, namely, the financial loss the appellant has suffered because he lost further prospects in his life, In cases of personal injury, general damages can be given under three heads namely : (1) Personal suffering and loss of enjoyment of life, (2) Actual pecuniary loss resulting in any expenses reasonably incurred by the plaintiff. (3) The probable future 1058 of income by reason of incapacity or diminished capacity for work. 2. The court after discussing the evidence instead of Rs. 2,376.79 modified the Claim to Rs. 11,376.79. Appeal allowed.