Section 168 of 1988 Act is required to make an award determining the amount of compensation which is to be in the real sense damages, which in turn appears to it to be just and reasonable.
The assessment of damages to compensate the dependants is beset with difficulties because from the nature of things, it has to take into account many imponderables.
Treatment of Interest: Grant of interest under Section 171 of the Motor Vehicles Act, 1988 is discretionary
Under the permissible heads for assessment, in case of death of a person, payment is made for: i. Loss of dependency; ii. Loss of expectancy; iii. Loss of consortium; iv. Funeral expenses; v. Medical expenses if deceased was given any treatment prior to fatality
In a case where the claim was in excess of Rs. 2,000/- under the 1939 Act, the option to choose the Claims Tribunal or Civil Court lay with the claimant.
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