Sri. Benson George
Reliance General Insurance Co. Ltd
Civil Appeal No. 1540 of 2022
Policy type- Third Party Insurance
The Supreme Court examined its previous decisions in Raj Kumar v. Ajay Kumar and Anr. (2011)1SCC 343 and Lalan D. v. Oriental Insurance Company Limited (2020)9SCC 805, and observed that the amount of compensation to be awarded under the heads, pain and suffering and loss of amenities and happiness cannot be based on a straight jacket formula. It depends upon the facts and circumstances of each case and varies from person to person who has suffered due to the accident. So far as awarding compensation under the head pain, shock, and suffering is concerned, multiple factors are required to be considered namely, prolonged hospitalization, the grievous injuries sustained, the operations underwent and the consequent pain, discomfort and suffering. Similarly, loss of amenities and happiness suffered by the claimant and his family members also depend upon various factors, including the position of the claimant post accident, and whether, he is in a position to enjoy life and/or happiness which he was enjoying prior to the accident. The Court accordingly enhanced the compensation awarded to the claimant under the head loss of amenities and happiness.
