Page 286 - Motor Insurance Ebook IC 72

The Insurance Times

the pain and suffering as well as loss of amenities of
life. It is settled principle that disablement cases the
compensation awards are always higher in quantum than
in the cases of death, because compensation has to be
given to the living victim, both for his personal loss and
economic loss.

The principle of which compensation should be awarded
in disability cases are enunciated by House of Lords in
west (H) & Sons Ltd. Vs. Shepherd (1664) AC 326 as
follows:
a. Bodily injury is to be treated as a deprivation, which

entitles a plaintiff to damages and that the amount
of damages varies according to the gravity of the
injury'

b. Deprivation may bring with it three consequences,
viz loss of earnings or earning capacity, expenses
of having to pay others for what otherwise he would
do for himself and loss of enjoyment of life or a
diminution in full pleasures of living; and

c. In considering the deprivation, the Court should
have regard to the gravity and degree off
deprivation, that is to say: whether one or more
limbs have been lost, the duration of the deprivation
and the degree of awareness of the deprivation.

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