Page 290 - Motor Insurance Ebook IC 72

The Insurance Times

replaced by a precarious tenure not likely to exceed 12
months." This principle was upheld again in the case of
Rose Vs. Ford (1973).

It is now settled law that the right of an injured person
to damages for loss of expectation of life passes to that
person's legal personal representative. However, the
amount awarded under this head currently is much
reduced.

Q. 12 What are the "General Damages for Death" in
case of Third party Loss. How these are
assessed?

Ans: For fatal accident cases, compensation is assessed under
two heads namely:
1. Loss to the dependents, i.e. pecuniary loss of
maintenance and
2. II. Loss to the estate of the deceased i.e. loss of
savings that deceased would have made during his
lifetime. This head would also include damages for
pain and suffering, loss of expectation of life, etc.

The principle for assessment of damages in such cases
has been well settled in three decisions of the Supreme
Court which are based upon the famous English decision
in Davies Vs. Powell. This decision is termed as Lord
Wright's method comprises of multiplying annual

Website: www.bimabazaar.com Call: 033-22184184 / 40078428 290

Copyright@ The Insurance Times. 09883398055 / 09883380339