G. DHANASEKAR Vs. M.D., METROPOLITAN TRANSPORT CORPORATION LIMITED
LAWS(SC)-2014-2-20
SUPREME COURT OF INDIA
Decided on
February 12,2014
G. Dhanasekar
Appellant
VERSUS
M.D., Metropolitan Transport Corporation Limited
Respondents
Referred Judgements :-
NATIONAL INSURANCE CO LTD VS. MUBASIR AHMED [REFERRED TO]SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
REKHAJAIN V. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS [REFERRED TO]
MASTER MALLIKARJUN VS. DIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY LIMITED [REFERRED TO]
RAJESH VS. RAJBIR SINGH [REFERRED TO]
Cited Judgements :-
U P RAJYA SADAK PARIVAHAN NIGAM LKO IT S R M VS. MASOOM ALI KHAN [LAWS(ALL)-2014-11-69] [REFERRED TO]LAL SINGH AND ORS. VS. HANUMAN RAM AND ORS. [LAWS(RAJ)-2014-7-164] [REFERRED TO]
UMARAM AND ORS. VS. CHIRANJILAL AND ORS. [LAWS(RAJ)-2014-5-250] [REFERRED TO]
RUKMANI AND ORS. VS. FIROJ KHAN AND ORS. [LAWS(RAJ)-2014-5-251] [REFERRED TO]
SHANKAR LAL AND ORS. VS. SHRIRAM AND ORS. [LAWS(RAJ)-2014-4-196] [REFERRED TO]
TARVEENI DEVI AND ORS. VS. SARJEET SINGH AND ORS. [LAWS(RAJ)-2014-5-252] [REFERRED TO]
KAMLA DEVI VS. MAHENDRA SINGH [LAWS(RAJ)-2014-7-108] [REFERRED]
SAROJ VS. HAZARILAL [LAWS(RAJ)-2014-3-209] [REFERRED TO]
IMAMUDDIN AND ORS. VS. AMIN AND ORS. [LAWS(RAJ)-2014-5-241] [REFERRED TO]
NASIB KAUR VS. SUKHDEV SINGH [LAWS(P&H)-2015-2-633] [REFERRED TO]
GHISI AND ORS. VS. SATYA NARAYAN AND ORS. [LAWS(RAJ)-2015-12-66] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD. VS. PREM KANWAR AND ORS. [LAWS(RAJ)-2015-12-69] [REFERRED TO]
NENU LAL AND ORS. VS. SATISH KUMAR SINGH AND ORS. [LAWS(RAJ)-2015-12-70] [REFERRED TO]
SAMALA & ORS VS. SUGARH SINGH & ANR [LAWS(RAJ)-2014-4-302] [REFERRED]
MOHAMMAD SAGIR ALIAS ABDUL SAGIR VS. SAHID AND ORS [LAWS(RAJ)-2014-7-198] [REFERRED]
YUSUF @ ISHAB VS. HARI PRASAD AND ORS [LAWS(RAJ)-2014-7-199] [REFERRED]
PEMA RAM VS. GAJENDRA SINGH AND ORS [LAWS(RAJ)-2014-7-200] [REFERRED]
SMT. PINKY & ORS. VS. ASAMDEEN & ORS. [LAWS(RAJ)-2015-12-195] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. BIPIN KHODAL [LAWS(GAU)-2017-6-33] [REFERRED TO]
SENIOR DIVISIONAL MANAGER NEW INDIA ASSURANCE CO LTD VS. KAMLA DEVI AND OTHERS [LAWS(ALL)-2017-10-32] [REFERRED TO]
MANIRAM & ORS. VS. RAM SINGH & ORS. [LAWS(RAJ)-2015-12-213] [REFERRED TO]
TATA AIG GENERAL INSURANCE COMPANY LIMITED VS. M SENTHILVELAN [LAWS(MAD)-2018-6-105] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. VS. HARDEV SINGH AND OTHER [LAWS(P&H)-2017-11-244] [REFERRED TO]
WILLYAM DECRUZ @ WILLIAM DECRUZ VS. UNNIKRISHNAN NAIR S/O MOHANAN NAIR [LAWS(KER)-2018-7-352] [REFERRED TO]
GAJI RAHMAN VS. THE DIVISIONAL MANAGER AND 2 ORS [LAWS(GAU)-2018-5-167] [REFERRED TO]
MD. SAHJAHAN ALI VS. MAHENDRA CH. DAS AND ORS. [LAWS(GAU)-2018-5-177] [REFERRED TO]
NAGEN DAS VS. JISHU BHATTACHARJEE AND 2 ORS. [LAWS(GAU)-2018-5-216] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. ABDUL ALI [LAWS(GAU)-2018-5-230] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. AKHILESH [LAWS(HPH)-2020-9-79] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)Whether an accident victim is entitled to get compensation for functional disability? If so, what is the method for computation of compensation? These are the two issues arising for considerations in this case.
(3.)Computation of just and reasonable compensation is the bounden duty of the Motor Accident Claims Tribunal. In view of the plethora of judgments rendered by this Court regarding the approach to be made in the award of compensation, we do not find it necessary to start with the first principles. In Rajesh and Others v. Rajbir Singh and Others, 2013 9 SCC 54, Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited, 2013 10 Scale 668 and in Rekha Jain v. National Insurance Company Limited and Others, 2013 8 SCC 389, this Court recently has extensively dealt with the principles governing the fixation of compensation and the approach to be made by the courts in that regard.
(2.)Whether an accident victim is entitled to get compensation for functional disability? If so, what is the method for computation of compensation? These are the two issues arising for considerations in this case.
(3.)Computation of just and reasonable compensation is the bounden duty of the Motor Accident Claims Tribunal. In view of the plethora of judgments rendered by this Court regarding the approach to be made in the award of compensation, we do not find it necessary to start with the first principles. In Rajesh and Others v. Rajbir Singh and Others, 2013 9 SCC 54, Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited, 2013 10 Scale 668 and in Rekha Jain v. National Insurance Company Limited and Others, 2013 8 SCC 389, this Court recently has extensively dealt with the principles governing the fixation of compensation and the approach to be made by the courts in that regard.
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