Supreme Court · 2003 INSC 357 · Decided 31 July 2003
The Divisional Controller, Ksrtc v. Mahadeva Shetty and ANR.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 357 · [2003] SUPP. 2 S.C.R. 14
- Case number
- CIVIL APPEAL No. 5453/2003
- Decided
- 31 July 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 142; Motor Vehicles Act Section 166
Headnote
Motor Vehicles Act, 1988-Section 166-Motor Accident-Serious injury causing 100% disability--Compensation-Claim-Rs.2.20 lakhs awarded by c Tribunal-Enhanced by High Court to Rs.6.25 lakhs-On appeal, held: Under some heads compensation not justly determined by High Court-Compensation of Rs.4. 5 Compensation must be 'just'-Expression just' denotes equitabi/ity,fairness, reasonableness D and non arbitrariness-Measure of damages cannot be arrived at by precise mathematical calculations-It would depend on particular facts of each case- Determination has to be rational, to be done with
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