Damages for Accidents Reading Answers

Jul 3, 2024

Damages for Accidents Reading Answers is an academic reading answers topic. The Damages for Accidents Reading Answers have a total of 13 IELTS questions in total. In the questions, you have to choose the correct option from the given choice and tell whether the given statement is correct or not and Fill in the blanks with No more than one word. There are questions related to complete each sentence with correct options.

Candidates should read the IELTS Reading passage thoroughly to recognize synonyms, identify keywords, and answer the questions below. IELTS Reading practice papers, which feature topics such as The Damages for Accidents Reading Answers. Candidates can use IELTS reading practice questions and answers to enhance their performance in the reading section.

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Section 1

Read the Text Below and Answer Questions

Damages for Accidents

Loss of life is indeed irrevocable. Nevertheless, to maintain the sanctity of a legal order, an attempt is made to devise some mechanism to compensate even if the loss is irreversible and, therefore, irreparable. This is the enigma that the law courts and the legislature are trying to resolve by evolving principles of compensation.
The most basic principle, evolved on the analogy of commercial contracts, is that the person, who has suffered loss on account of some accident, should be put in the same position by awarding him compensatory damages as if the negligent or tortuous act had not been committed at all! But what about the loss in case of death of school students who themselves are dependant upon their parents? Most seemingly, the children bestow upon their parents a lot of love and affection and provide them emotional support and satisfaction, but all that deprivation and pain and suffering caused to them due to their accidental death is incalculable in money. What pecuniary loss the parents have suffered by the untimely demise of their children? Lord Atkinson responded to this interrogative about a century ago when he observed in an English case Taff Vale Rly Co .v Jenkins, (1911-13) All England Reporter "In case of the death of an infant, there may have been no actual pecuniary benefit derived by its parents during the child's lifetime. But this does not necessarily bar the parents' claim and prospective loss will found a valid claim provided that the parents establish that they had a reasonable expectation of pecuniary benefit if the child had lived."
The "prospective pecuniary expectation loss" proposition has been adopted and developed by the Indian courts into at least two basic principles of pecuniary damages and non-pecuniary damages. The first one attempts to compensate, what is termed as, the "dependency loss" of the parents in future. This is the compensation for the loss of money support in terms of money. The second principle attempts to compensate non-pecuniary damages, say, in the form of incalculable loss of love and affection as distinct from the money loss, but again in terms of money. In both cases, the only measure for determining damages is that the awarded amount should be adequate, just and reasonable. In the application of these principles, however, the compensatory amount vastly varied. Extreme variation even within one and the same jurisdiction is disturbing. Surely, compensation award is intended neither to be a "bonanza," largesse," or "a source of profit," nor "a pittance" to become an apology for compensation. This is how the Supreme Court has recently lamented in Sarla Verma v. Delhi Transport Corporation (2009). True, this is due to the number of imponderables involved. Nonetheless, such a spectacle weakens the rule of law if we continue to remain in the realm of uncertainties.
To bring certainty and uniformity, the Supreme Court, in the course of its judicial decision-making, has evolved "the multiplier method" for the award of pecuniary compensation, and the concept of "conventional amount" for the award for non-pecuniary compensation. The Multiplier method is based upon the principle that the claimant must be paid a capital sum which would yield sufficient interest income to provide material benefits of the same standard and duration as the deceased would have provided for the dependents if he had lived and capital earned.
In the calculation of this capital sum, there are involved a number of variables, such as how much personal and living expenses need to be deducted while calculating the yearly loss of dependency, how much effect is given to the future prospects of the deceased, inflation, and general price rise that erodes value and purchasing power of money, how to decide and determine the suitable multiplier on the basis of length of dependency, how to discount for contingencies and uncertainties, et al. Over the years, the courts have standardised the value of various variables by keeping in view the profile of a relatively stable economy.
Likewise, the concept of "conventional sum", which is paid for loss of life and not loss of future pecuniary prospects, is standardised. This is done by fixing an appropriate amount that the society considers just and proper and which is quite independent of financial position of the victim or the claimant, but dependant on the capacity and the ability of the deceased to provide happiness to the claimant.

Section 2

Solution and Explanation

Questions 28-30
Look at the following statements (questions 28-30) and the list of compensation methods below.
Match each statement with the correct compensation method,
A-D. Write the correct letter, A-D.

A system in which the dependent is given a sum enough to provide as much material comfort as the deceased would have provided.

Answer: B
Supporting statement:“.........the claimant must be paid a capital sum which would yield sufficient interest income to provide material benefits of the same standard and duration as the deceased would have provided for the dependents if he had lived and capital earned.........”
Keywords: comfort, deceased
Keyword Location: para 4, lines 2-3
Explanation: The multiplier method ensures the dependent receives enough to maintain the same material standard as if the deceased were still providing.

A system in which a justifiable amount is paid according to social norms and not considering the future pecuniary prospects.

Answer: C
Supporting statement:“..........paid for loss of life and not loss of future pecuniary prospects, is standardised. This is done by fixing an appropriate amount that the society considers just and proper.........”
Keywords: amount, social
Keyword Location: para 5, lines 1-2
Explanation: The conventional sum is based on a socially justifiable amount, independent of future pecuniary prospects.

The money that is paid to the parents for loss of their future financial dependency.

Answer: A
Supporting statement:“........This is the compensation for the loss of money support in terms of money.........”
Keywords:future, financial
Keyword Location: para 3, lines 3-4
Explanation: Pecuniary damages compensate for the future financial dependency lost due to the death.

Pecuniary damages
Multiplier method
Conventional sum

Questions 31-33

Choose NO MORE THAN ONE WORD for each answer.

Link compensation to the cost of living

Life is precious and its loss is (31......... According to the most fundamental rule, the

Answer: IRREVOCABLE//IRREVERSIBLE//IRREPARABLE
Supporting statement:“........Loss of life is indeed irrevocable.........”
Keywords: life, loss
Keyword Location: para 1, line 1
Explanation: It is given that the passage states that loss of life is irrevocable.

person who has suffered loss should be paid a (32)........ that can put him in the

Answer: COMPENSATION
Supporting statement:“........should be put in the same position by awarding him compensatory damages as if the negligent or tortuous act had not been committed at all!.........”
Keywords: loss, paid
Keyword Location: para 2, line 1
Explanation: The passage explains that compensatory damages should put the person in the same position as if the act had not occurred.

same (33)............ as if the accident has not happened.

Answer: POSITION
Supporting statement:“........should be put in the same position by awarding him compensatory damages as if the negligent or tortuous act had not been committed at all!.........”
Keywords: same, accident
Keyword Location: para 2, line 1
Explanation: Compensation aims to restore the person's position as if the accident had not happened.

Questions 34-35

Choose NO MORE THAN TWO WORDS for each answer.

What (34)............. Loss have parents suffered by the untimely demise of their

Answer: PECUNIARY
Supporting statement:“.......What pecuniary loss the parents have suffered by the untimely demise of their children?..........”
Keywords: parents, loss
Keyword Location: para 2, line 3
Explanation: The passage mentions pecuniary loss suffered by parents due to their children's untimely demise.

children? According to law experts, parents can seek compensation for "(35).............. expectation loss" if they are able to establish that they had a

Answer: PROSPECTIVE PECUNIARY
Supporting statement:“........But this does not necessarily bar the parents' claim and prospective loss will found a valid claim provided that the parents establish that they had a reasonable expectation of pecuniary benefit if the child had lived.........”
Keywords: compensation, expectation
Keyword Location: para 2, line 4
Explanation: The passage describes the "prospective pecuniary expectation loss" parents can claim.

reasonable expectation of pecuniary benefits from the deceased.

Questions 36-38

Complete each sentence with the correct ending, A-F, below.

As per the most basic principle, such compensation should be provided that the affected person can live as if

Answer: D
Supporting statement:“........the person, who has suffered loss on account of some accident, should be put in the same position by awarding him compensatory damages as if the negligent or tortuous act had not been committed at all!.........”
Keywords: principle, compensation
Keyword Location: para 2, line 1
Explanation: The passage explains that compensation should restore the person's position as if the accident had not happened

Parents' claim for compensation for prospective loss due to their child's death can be valid if

Answer: B
Supporting statement:“........prospective loss will found a valid claim provided that the parents establish that they had a reasonable expectation of pecuniary benefit if the child had lived..........”
Keywords: parents, prospective
Keyword Location: para 2, line 4
Explanation: The claim is valid if parents prove a reasonable expectation of pecuniary benefit from the child.

According to multiplier method, interest from compensation should provide the same standard of living as if

Answer: C
Supporting statement:“.......the claimant must be paid a capital sum which would yield sufficient interest income to provide material benefits of the same standard and duration as the deceased would have provided for the dependents if he had lived and capital earned..........”
Keywords: method, interest
Keyword Location: para 4, lines 2-3
Explanation: The multiplier method ensures the same standard of living as if the deceased had provided for the dependents.

it is more than what the deceased would have given to the claimant
they are able to prove that they had reasonable expectation of pecuniary benefit from the deceased child
dependent the deceased person would have provided to the
the accident has not happened

Questions 39-40

Choose the correct letter, A, B, C or D.

Which of the following is not correct about Conventional sum?

The amount is justifiable as per social norms
Financial position of the victim is not taken into consideration
Future financial prospects are not considered
The demised person's ability to provide comfort to the dependent is not considered.

Answer: D
Supporting statement:“.........an appropriate amount that the society considers just and proper and which is quite independent of financial position of the victim or the claimant, but dependant on the capacity and the ability
of the deceased to provide happiness to the claimant........”
Keywords: conventional, sum
Keyword Location: para 5, lines 1-2
Explanation: The conventional sum considers the deceased's ability to provide happiness to the claimant.

Which is not a consideration in Multiplier method?

Duration of the dependency
Rise in the price of goods
Possibility of uncertainties
The future prospects of the claimant

Answer: D
Supporting statement:“......In the calculation of this capital sum, there are involved a number of variables, such as how much personal and living expenses need to be deducted while calculating the yearly loss of dependency...........”
Keywords: multiplier, method
Keyword Location: para 4, lines 4-5
Explanation: It is given that the future prospects of the claimant are not considered in the multiplier method.

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