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2025 DIGILAW 1780 (RAJ)

HDFC ERGO General Insurance Company Ltd. , Through Its Constituted Attorney v. Pappu Singh, S/o. Shri Sugan Singh

2025-11-12

ASHUTOSH KUMAR

body2025
Order : ASHUTOSH KUMAR, J. - T.J. Parameshwarappa @ Parameshwarappa @ J.T. Parameshwarappa @ Talalkena Gowdra Parameshwarappa Vs. The Branch Manager, New India Assurance Co. Ltd. and others , reported in 2022 17 SCC 51 - Civil Appeal No. 8981/2010, Raj Kumar Vs. Ajay Kumar & Anr., reported in (2011) 1 SCC 343 - Rajesh Kumar @ Raju Vs. Yudhvir Singh & Anr., reported in (2008) 7 SCC 305 - Hitesh Nagjibhai Patel Vs. Bababhai Nagjibhai Rabari & Anr., Civil Appeal No. 10278/2025, decided on 08.08.2025 - Sarnam Singh Vs. Shriram General Insurance Co. Ltd. & Ors., reported in 2023 ACTC (SC) 357 & - Chandra @ Chanda @ Chandraram & Anr. Vs. Mukesh Kumar Yadav & Ors., reported in 2021(2) ACTC (SC) 655 “12. In case of motor accidents leading to injuries and disablements, it is a well settled principle that a person must not only be compensated for his physical injury, but also for the non-pecuniary losses which he has suffered due to the injury. The claimant is entitled to be compensated for his inability to lead a full life, and enjoy those things and amenities which he would have enjoyed, but for the injuries." "13. The purpose of compensation under the Motor Vehicles Act is to fully and adequately restore the aggrieved to the position prior to the accident. This Court in Yadava Kumar v. National Insurance Co. Ltd. explained “just compensation” in the following words:" "15. It goes without saying that in matters of determination of compensation both the tribunal and the court are statutorily charged with a responsibility of fixing a “just compensation”. It is obviously true that determination of a just compensation cannot be equated to a bonanza. At the same time the concept of “just compensation” obviously suggests application of fair and equitable principles and a reasonable approach on the part of the tribunals and courts. This reasonableness on the part of the tribunal and court must be on a large peripheral field.”