CiteTEXT
...filed an application under Section 166 of the Motor Vehicles Act, 1988 for compensation of Rs 5,50,000 by way of special and general damages on account of injuries, pain, mental agony, loss of earning...H.L Dattu, J.— Leave granted. This appeal is directed against the judgment and decree passed by the High Court of Karnataka in Ramachandrappa v. Hanumantha..., whereby the High Court has partly allowed the appeal and enhanced the compensation awarded by the Court of Small Causes, Bangalore (“the Tribunal”, for short) in MVC Case No. 5124 of 2004 dated 25-3...
...seeks to award ‘fair compensation’. This distinction between pecuniary and non-pecuniary damage by no means corresponds to the traditional pleading distinction between ‘special’ and ‘general’ damages, for...a two-Judge Bench after referring to the award of compensation in personal injury cases reiterated the concepts of pecuniary damages (special damages) and non-pecuniary damages (general ...)“25. … ‘… The practice is now established and cannot be gainsaid that, in personal injury cases, the award of damages is assessed under four main heads: first, special...
...-pecuniary damage by no means corresponds to the traditional pleading distinction between ‘special’ and ‘general’ damages, for while the former is necessarily concerned solely with pecuniary losses — notably...filed a claim for compensation before Motor Accidents Claims Tribunal against the driver, the owner and the insurer, M/s Oriental Fire and General Insurance Company Ltd. seeking a compensation of Rs 2...resulting from the injury are to be compensated. Assessment of damages is subject to rules of remoteness and mitigation. Such difficulties as arise in the task of quantification in terms of money of non...
...sums on account of special and general damages as contemplated in law. Significantly, the Tribunal took the monthly income of the claimant to be Rs 2680 on a par with the prevalent minimum wage on...the bearing thereof on the earning capacity of the claimant together with the incidental expenses as well as the general damages, it awarded in all Rs 15,51,030 as compensation to the claimant...compensation under various heads and even struck off the award on many counts of non-pecuniary damages, thus reducing the amount of compensation to Rs 7,88,150. The notable omission from the heads of...
...travelling from Jodhpur to Dehradun on every date or hearing. For these he has claimed special and general damages in the suit. The trial Court held that the Court at Jodhpur has jurisdiction to try the suit...summons was served at Jodhpur and the plaintiff had to attend the Court at Dehradun on numerous dates of hearing. On every date he had to go from Jodhpur. At that time the plaintiff was undergoing a...course of instruction in Control and Reporting School of the Air Force there. This course was necessary for his future promotion in accordance with the allegations made in the plaint.3...
...to him, to pay Rs 50,OOO/_ towards special and general damages to the complalnant, and other costs ofthis complaint' This complaint comes within 5lakhs and has no DD.
The...complainant has prayed to direct opposite party to charge interest @ 4% p.a. on the outstanding loan amount, re€eive the oLrtstanding loan amount so derived from the complainant and release the pledged gold...
...Section 173 of the Act shall be accompanied by a fee of Re. 1 (Rupees one only) in the form of Court fee stamp, if the claim in a case of accident is confined to special damages and if any further general damage...is claimed, an ad valorem fee shall be charged on the aggregate of the special and general damages claim on the following scales, namely:Amount of claim
(1)
Amount of Court fee...my attention to the definition of pecuniary damages and special damages given in the Law Lexicon with Legal Maxims, Second Edition, written by Venkataramaiya, which reads as follows and contended that...
...and Agony Rs. 35,000/-Expenses on Special and General Damages Rs. 10,000/-Total Rs. 1,00,000/-2. The Appellant's grievance is that he was unable to attend to...compensation of Rs. 1 lakh under the following heads:Expenses on Medicines Rs. 45,000/-Expenses on Diet and Attendant Charges Rs. 10,000/-Expenses for Mental Pain...the Court in view of the contradictory evidence produced by him. The Trial Court on this aspect held as under:“8. No other witness was examined on behalf of the petitioner and no evidence...
...was gainfully employed and was also working as an insurance agent. The quantum of Rs. 18,255/- which is an aggregate of special and general damages is also reasonable.10. In the result...Greater Bombay, which awarded Rs. 30,000/- as compensation arising out of the death of his wife and Rs. 18,255/- as damages for the injuries resulting to the applicant against which the present...damages for contributory negligence, the approach now is to have regard to all the causes and apportion the damages accordingly, rather than select from a number of causes which was the effective and...
...held Commissions not to consider nice questions and award compensation under multiple heads alike MACT consisting special and general damages. In such view of the matter even in our view, District Forum...India having its Head Office at Star House C-5, G Block Bandra Kurla Complex Bandra East, Mumbai 400051 Email:Headoffice.CSD bankof india.co.in Represented by its Chairperson and Managing...DirectorRepresented by its Chairperson and Managing Director Vijayalakshmi R Iyer ...........Respondent(s)
BEFORE:
HON'BLE MR. Krishnamurthy B.Sangannavar PRESIDING...
...of special and general damages. It is a case where she had to suffer cervical sprain also, which is clear from Ext.A4 of course, she had availed of treatment from the Medical College Hospital. No...Reg. No. KL-15/4121 along Ambalathinkara - Attingal NH road on 4.3.2006 at 6 p.m The bus it appears hit the heap of sand collected on the side of the road and thereafter it knocked down two persons...and later capsized, whereby bodily injuries were caused to the claimants including the appellant.2. Herein, the only the grievance is regarding the amount of compensation. The Tribunal...
...therefore unnecessary to be proved (Mayne on Damages, 10th Edn., 142). Both special and general damage occurred in Calcutta, the plaintiff's reputation suffered and the costs were incurred by him in...malicious prosecution, but the service was part of the proceedings upon which the present suit is founded and is part of the foundation for the claim for both special and general damages. “Cause of...1. The plaintiff claims damages for malicious prosecution. He is a French subject, aged 76, and for 44 years has carried on business in Calcutta and is of unblemished reputation. Inter alia...
...use of the same to the complainant and to pay damages, financial loss, Special and general damages, loss of works as narrated in all amounting to a tune of Rs.20,00,000/- and costs of the...customer i.e., the complainant. OP has purposefully not supplied materials as per specifications mentioned in the supply order and cause total damages and loss of Rs.25,000/- to the complainant. The goods supplied by OP is ....21,93,251/-. Hence this complaint is beyond jurisdiction. It may be noted that at Para-7 of the complaint, the complainant has claimed compensation of Rs.20,00,000/- as special and general damages, loss...
...’. This distinction between pecuniary and non-pecuniary damage by no means corresponds to the traditional pleading distinction between ‘special’ and ‘general’ damages, for while the former is...a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which ...lost limb or the experience of pain and suffering due to loss of life. Loss of a child, life or a limb can never be eliminated or ameliorated completely. To put it simply- pecuniary damages cannot...
...case of accident is confined to special damages and if any further general damages, are claimed, an advalorem fee shall be charged on the aggregate of the special and general ...The Judgment of the Court was delivered byP.N Ravindran, J.:— Jijoy Sebastian, husband of the first petitioner, father of petitioners 2 and 3 and son of petitioners 4 and 5..., the driver and the insurer of an autorickshaw, the negligent driving of which according to the petitioners resulted in the accident. On that claim petition the sum of Rs. 39,373/- was payable as...
...special and general damages. The statement of the claimant's father was that he had spent Rs. 15,000 to Rs. 20,000 for the treatment of the claimant. The claimant remained an indoor patient in...the cited cases, accidents had taken place in the year 1970, or before that. The assessment of Rs. 80,000 on account of special and general damages in the year 1981 cannot be said to be either on the...suffering.
(iii) Rs. 19,800 for attendant and special diet at the rate of Rs. 150 per month for a period of 11 years till the minor attains majority.
(iv) Rs. 64,800 due to...
...aforesaid claiming a sum of Rs. 31,610 from the respondents by way of special and general damages. The Tribunal allowed a sum of Rs. 4,340 only as compensation and directed the payment of the amount.... 4,000. It may be mentioned that the applicant has further claimed damages on account of grievous hurt and physical inability, assessing the amount at a sum of Rs. 5,000 and further damages on account...failed to give any finding on that point. The second point raised is that the claim for damages for shock, anxiety and agony ought not to have been allowed. Thirdly, the award should have been made...
...) compensation (ii) special damages and (iii) general damages. The learned Judge also pointed out that though Sections 140, 147, 163A, 165 and 167 of the Act, use the word “compensation”, the...expressions ‘special damages” and “general damages” are not defined in the Act. The learned Judge then referred to the decision of the Supreme Court in R.D Hattangadi v. R.D Hattangadi...fee of Re.1/- (Rupee one only) in the form of court fee stamp, if the claim in a case of accident is confined to special damages and if any further general damage is claimed, an advalorem fee shall be...
...of special and general damages. In other words they cannot be considered in this review petition. Hence we proceed to dismiss the review application, since we did not find any error apparent on the...5 prayers and now he sought to review the order of this Commission to consider the prayer 'c', wherein he has sought "To award punitive damages to deter the OP from continuing such unethical and...advertisement and investigate its fraudulent trade practice." Prayer 'e' "To permit the Complainant to publish this case in various media to create awareness to the general public at the cost of the OP." In...
...before MACT. In our view even if Appellant/Complainant has raised such case, claiming special and general damages for the injuries sustained in the RTA, facts remain the Forum to decide the dispute....
The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels. Now the point that arise for consideration of this Commission would be...was completely damaged, thereby sought to award compensation of Rs.7,43,772/- and sought compensation along with litigation cost.
The complaint was contested by OP...