Page 287 - Motor Insurance Ebook IC 72

Guide for Motor Insurance

It was also held that the principle of Restitution in
Integrum (placing in original financial position) was
unattainable as a perfect compensation in such cases,
but still the damages are to be assessed on a fair valuation
standard on this head.

So far as the actual assessment is concerned, there is
no set method for assessing compensation in disability
cases. Since there are definite heads under which
damages should be assessed, the courts might not have
felt any necessity of devising a definite mode of
assessment. However, in Vinod Kumar Vs. Ved Mitra
Madhya Pradesh High Court formulated certain rules
in this regard. These are:
a. The amount of compensation awarded must be

reasonable and must be assessed with moderation.
b. Regard must be had to awards made in comparable

cases; and

c. The sums awarded should to a considerable extent
be conventional. This only can bring a measure of
predictability to the awards given by the courts.

Q. 11. Define "Damages." What is the kind of damages
payable in motor third party claims?

Ans: The term "damages" may be defined as monetary
compensation recoverable by an injured party by action

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