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“Claimant’s chances of a brilliant career, marriage and all other enjoyment of life have been snatched. Though, no amount of money can compensate such a loss, it does not mean that the just and adequate compensation should not be awarded for the above noted losses.”
“Finding that the driver was not cautious is one thing and finding negligence is quite another thing. Prima facie, the negligence was on the trailer driver as discernible from the evidence recorded before the Tribunal; standard of proof required being preponderance of probability”.
“Our country has done wonders in digital payment transactions. It is a matter of common knowledge that now under various schemes of the Government, funds are transferred to the beneficiaries directly in their bank accounts. As per the rough estimate, about 80% of the adult population in the country have bank accounts.”
The principle of awarding of future prospects must apply with equal vigor in case of non-earning victims of motor accidents, particularly with respect to homemakers.
“Any compensation awarded by a Court ought to be just, reasonable and consequently must undoubtedly be guided by principles of fairness, equity, and good conscience.”