Motor Vehicle Accident Claim - how to appreciate Disability Certificate and how to fix quantum of compensation?
Disability certificate issued by the Medical Board of Government Medical College is a public document, it cannot be doubted.
The disablement certificate issued by the Medical Board of a Government Medical College is a public document.
The disablement of 50% as in the certificate is to be supported by other evidence either documentary or oral for the purpose of strengthening the cause before an appropriate court of law.[Para No.24 & 25]
The law with respect to the grant of compensation in injury cases is well-settled. The injured is entitled to pecuniary as well as non-pecuniary damages. Pecuniary damages also known as special damages are generally designed to make good the pecuniary loss which is capable of being calculated in terms of money whereas non-pecuniary damages are incapable of being assessed by arithmetical calculations. The pecuniary or special damages, generally include the expenses incurred by the claimants on his treatment, special diet, conveyance, cost of nursing/attending, loss of income, loss of earning capacity and other material loss, which may require any special treatment or aid to the insured for the rest of his life. The general damages or the non-pecuniary loss include the compensation for mental or physical shock, pain, suffering, loss of amenities of life, disfiguration, loss of marriage prospects, loss of expected or earning of life, inconvenience, hardship, disappointment, frustration, mental stress, dejectment and unhappiness in future life, etc.[Para No.9]
Revisional Court even after having knowledge that the scope of the revision is limited to see either the correctness, legality or propriety of any finding, sentence or order exceeded in his jurisdiction in issuing process against the accused, has unnecessarily over-reached itself. The proper course could have been after passing a detailed order, to remit the case back to the Magistrate to pass an appropriate order, in pursuant to the observations in the revision.[Para No.12]
