After reading the article on the bystander intervention in emergencies, answer the following question: What are the main forces that lead a person not to respond (or to respond) in an emergency situation?
Describe a situation you have been in (or are familiar with) where you believe this phenomenon occurred. How did you feel, and how did you respond or not respond? Based on the readings, what main forces guided your response of lack thereof?
The Apex Court by relying on the decision in R.D. Hattangadi v Pest Control (India) (P) Ltd., made observation while remanding back the matter to National Commission solely for the determination of quantum of compensation, that compensation should include “loss of earning of profit up to the date of trial” and that it may also include any loss “already suffered or is likely to be suffered in future”. In Raj Rani & Ors v Oriental Insurance Company Ltd. & Ors, this Court has observed that there is no restriction that compensation could be awarded only up to the amount claimed by the claimant. In Laxman @ Laxaman Mourya v Divisional Manager, Oriental Insurance Co. Ltd. & Anr., this Court awarded more compensation than what was claimed by the claimant after making the following categorical observations:- “In the absence of any bar in the Act, the Tribunal and for that reason, any competent Court is entitled to award higher compensation to the victim of an accident.” ii. CLAIM UNDER CPC AND CONSUMER PROTECTION ACT Counsel on behalf of the doctors and the AMRI Hospital that the additional claim made by the claimant was rightly not considered by the National Commission for the reason that it is barred by the limitation provided under Consumer Protection Act and the claimant is also not entitled to seek enhanced compensation in CPC as he had restricted his claim at Rs.77,07,45,000/-, is not sustainable in law. The Court held that the contention urged by doctors and the AMRI Hospital is wholly untenable in law and is contrary to the aforesaid decisions. The claimant is thus entitled for enhanced compensation under certain items made by the claimant in additional claim preferred by him before the National Commission. In this regard, this Court has also expressed similar view that status, future prospects and educational qualification of the deceased must be judged for deciding adequate, just and fair compensation as in the case of R.K. Malik. The claimant is justified in claiming additional claim for determining just and reasonable compensation under different heads. Accordingly, the issue number 1, 2, and 3 are answered in favour of the claimant and against the appellant-doctors and the Hospital. iii. MULTIPLIER METHOD The National Commission has used the ‘multiplier’ method under Section 163A and Second Schedule of the Motor Vehicles Act to determine the quantum of compensation in favour of the claimant applying the multiplier method as has been laid down by this Court in Sarla Verma’s case. Consequently, it has taken up multiplier of 15 in the present case to quantify the compensation under the loss of dependency of the claimant. It is urged by the claimant that use of multiplier system for determining compensation for medical negligence cases involving death of his wife is grossly erroneous in law. He has further urged that the ‘multiplier’ method as provided in the second Schedule to Section 163-A of the M.V. Act read along with Second Schedule was inserted to the Act by way of Amendment in 1994 and was meant for speedy disposal of ‘no fault’ motor accident claim cases. Therefore, the present case of gross medical negligence by the appellant-doctors and the Hospital cannot be compared with ‘no fault’ motor accident claim cases. The appellant Dr. Balram Prasad on the other hand contended that multiplier method is a standard method of determining the quantum of compensation in India. A careful reading of the above cases shows that the Supreme Court is skeptical about using a straight jacket multiplier method for determining the quantum of compensation in medical negligence claims. On the contrary, the Court mentioned various instances where they chose to deviate from the standard multiplier method to avoid over-compensation and >GET ANSWER