Motor Vehicle Compensation Permissible in Simple Injury Cases

In simple personal injury cases, the compensation will be awarded only for expenses relating to treatment, loss of earnings, and damages for pain and suffering.

They are termed special damages and general (non-pecuniary) damages, as follows:

Special Damages

  1. Expenses for hospitalization, treatment, medicine, nourishment, food and such others
  2. Loss of earning which the injured would have made had he not been injured
    • During treatment period
    • Loss of future earning
    • Future medical expenses

General – non-pecuniary damages

  1. Damages for pain suffering trauma
  2. Loss of amenities – loss of prospects of marriage
  3. Loss of expectation of life – shortening of longevity

Reference

  1. Rajkumar v Ajay Kumar [(2011)1 SCC 343]

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