Law 421 week 3 team legal

Case Brief Cipollone v. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading.

Law 421 week 3 team legal

Sinitha, 2 SCC Rs. Shakuntala, 2 SCC Rs. Tabbar, 12 SCC Rs. Ramadevi, 3 SCC Rs. Kodala, 5 SCC Rs. Further, the senior counsel and other counsel for the appellant- doctors contended that the case of Nizam Institute of Medical Sciences Vs.

It was not the amount for loss of consortium by the husband or wife. Hence, it is submitted by them that the National Commission erred in granting Rs. On the objective and pattern of payment of compensation cases: It is further contended by the learned counsel for the appellant- doctors that the compensation awarded by the National Commission should be meant to restore the claimant to the pre-accidental position and in judging whether the compensation is adequate, reasonable and just, monetary compensation is required to be arrived at on the principle of restitutio-in-integram.

The National Commission while calculating the just monetary compensation, the earnings of the claimant who himself is a doctor, is also required to be taken into consideration.

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Regarding the contention of the claimant that in allowing compensation the American standard is required to be applied, it has not been disclosed before the Commission as to what is the American standard. Kiran Pal[5], where this Court has not directed assessment of compensation according to American standard.

Therefore, the contention of the claimant that compensation has to be assessed according to American standard is wholly untenable in law and the same is liable to be rejected.

The said case is a clear pointer to the fact that even if a foreigner dies in India, the basis of calculation has to be applied according to Indian Standard and not the American method as claimed by the claimant. Further, the learned senior counsel has placed reliance on the judgment of this Court in Nizam Institute of Medical Sciences supra wherein this Court enhanced the original compensation awarded to the claimant-victim who had been paralyzed due to medical negligence from waist down, under the heads: In the present case, the negligence complained of is against the doctors and the Hospital which had resulted in the death of the wife of the claimant.

The adequate compensation that we speak of, must to some extent, be a rule of thumb measure, and as a balance has to be struck, it would be difficult to satisfy all the parties concerned. It is further contended by the learned senior counsel and other counsel for the appellant-doctors that the claimant failed to produce any document by taking recourse to Order XLI Rule 27 of Code of Civil Procedure and Order LVII of Supreme Court Rules to justify his claims of approximately an additional amount of Rs.

Therefore, the enhancement of compensation as prayed for by the claimant stood rightly rejected by the National Commission by recording reasons.

Therefore, this Court need not examine the claim again. On the use of multiplier method for determining compensation: It is contended by the senior counsel and other counsel for the appellants that the multiplier method has enabled the courts to bring about consistency in determining the loss of dependency more particularly, in cases of death of victims of negligence, it would be important for the courts to harmoniously construct the aforesaid two principles to determine the amount of compensation under the heads: It is further submitted by the learned counsel that in capitalizing the pecuniary loss, a lesser multiplier is required to be applied inasmuch as the deceased had no dependants.

It is further contended by the senior counsel and other counsel for the appellant-doctors that in Susamma Thomas supra this Court has observed that "in fatal accident cases, the measure of damage is the pecuniary loss suffered and is likely to be suffered by each dependant as a result of the death".

This means that the court while awarding damages in a fatal accident case took into account the pecuniary loss already suffered as a result of the negligence complained of, and the loss of dependency based on the contributions made by the deceased to the claimant until her death.

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While the former may be easily ascertainable, the latter has been determined by the National Commission by using the multiplier method and in respect of the use of the multiplier method for the purpose of calculating the loss of dependency of the claimant, in paragraph No.

It is necessary to reiterate that the multiplier method is logically sound and legally well-established. There are some cases which have proceeded to determine the compensation on the basis of aggregating the entire future earnings for over the period the life expectancy was lost, deducted a percentage there from towards uncertainties of future life and award the resulting sum as compensation.

This is clearly unscientific Just Compensation" is adequate compensation which is fair and equitable, on the facts and circumstances of the case, to make good the loss suffered as a result of the wrong, as far as money can do so, by applying the well-settled principles relating to award of compensation.

It is not intended to be a bonanza, largesse or source of profit. Assessment of compensation though involving certain hypothetical considerations should nevertheless be objective.

Justice and justness emanate from equality in treatment, consistency and thoroughness in adjudication, and fairness and uniformity in the decision-making process and the decisions.

While it may not be possible to have mathematical precision or identical awards in assessing compensation, same or similar facts should lead to awards in the same range.

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Law 421 week 3 team legal

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Law 421 week 3 team legal

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