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october 2012

Supreme Court of India · 2012-10-19

K. SURESH vs NEW INDIA ASSURANCE CO.LTD

Citation / case number
SC 2011/136
Court
Supreme Court of India
Petitioner
K. SURESH
Respondent
NEW INDIA ASSURANCE CO.LTD
Author
Dipak Misra
Bench
DIPAK MISRA K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court addressed the challenge of determining 'just compensation' for personal injuries under Section 168 of the Motor Vehicles Act, 1988. The Court emphasized that compensation should not be a windfall or a pittance, but rather a realistic approximation of the loss sustained. Citing precedents, the Court reiterated that damages for tort must provide reparation for wrongful acts, balancing pecuniary and non-pecuniary losses, and ensuring awards are reasonable and comparable across similar cases.

K. SURESH vs NEW INDIA ASSURANCE CO.LTD · Niyam