GOPAL NAG Vs. OMPRAKASH @ BABLU

JUDGEMENT

(1.) THIS appeal is an appeal under Section 173 of the Motor Vehicles Act, 1988 (henceforth, "the Act") directed against the award dated 12/12/2000 passed by Motor Accident Claims Tribunal, Jagdalpur, Dist. Bastar, in Claim Case No. 74/99 whereby Appellant has been awarded a sum of Rs. 25,000/- towards compensation. Feeling aggrieved, this appeal for enhancement.

(2.) THE case, in brief, is that on 03/05/1998 Appellant along with Respondent No. 2 Mahendra Kaushal was coming on Scooter No. M.P. 25-A/5433 driven by Respondent No. 2, when the scooter reached near Suryodaya Lodge, Jeep bearing No. MP-23-W-2594 coming from the opposite direction driven in a rash and negligent manner by Respondent No. 1 who was owner of the vehicle dashed the scooter, as a result of which Appellant received grievous injuries and his right bone below the knee was fractured. Appellant suffered 52% permanent disability. Owner of the offending Jeep No. MP-23/W/2594 is Respondent No. 1 and Scooter No. MP-25-A/5433 is Respondent No. 2. Both these vehicles were insured with Respondent No. 3. Appellant claiming compensation of Rs. 2,60,800/- filed petition under Section 166 of the Motor Vehicles Act, 1988 (henceforth, "the Act").

(3.) HON'ble the Apex Court in the matter of R.D. Hattangadi : AIR 1995 SC 755 (supra) has held thus: While fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which is capable of being calculated in terms of money; whereas non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. In order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant (i) medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss. So far non-pecuniary damages are concerned, they may include: (i) damages for mental and physical shock, pain suffering, already suffered or likely to be suffered in future; (ii) damages to compensate for the loss of amenities of life which may include a variety of matters, i.e., on account of injury the claimant may not be able to walk, run or sit; (iii) damages for the loss of expectation of life, i.e., on account of injury the normal longevity of the person concerned is shortened; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life.