VIJAY KUMAR Vs. LAL CHAND MEENA

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.1,66,200/- awarded by the Tribunal in favour of the Appellant for having suffered grievous injuries in a motor accident which occurred on 30.04.1996. THE compensation awarded under various heads is extracted hereunder:-

(2.) IT is urged by the learned counsel for the Appellant that at the time of the accident the deceased was earning Rs.4500/- per month but he has not been granted adequate compensation on account of loss of earning capacity. The compensation of Rs.10,000/- awarded on account of pain and agony is very low. Although the Appellant claimed his income from salary to be Rs.4500/- per month but a perusal of the Income Tax Return for the assessment year 1996-97 shows that the Appellant had an income of just Rs.25,700/- from the salary i.e. just about Rs.2000/- per month.

(3.) IT is difficult to measure the pain and suffering in terms of money which has been suffered by the claimant on account of serious injuries caused to him in a motor accident. Since the compensation is required to be paid for pain and suffering an attempt must be made to award compensation which may have some objective relation with the pain and suffering underwent by the victim of a motor accident. For this purpose, the Claims Tribunal and the Courts normally consider the nature of injury; the parts of the body where the injuries were sustained; surgeries (if any) underwent by the victim; confinement in the hospital and the duration of the treatment. IT is proved on record that immediately after the accident the Appellant was removed to DDU Hospital, he was then shifted to M/s Chanan Devi Memorial Hospital, Janak Puri where he remain admitted for 15 days. An operation was performed in the hospital which was not successful as the skin grafting failed. The Appellant was re-admitted in North Delhi Nursing Home, Ashok Vihar w.e.f. 03.06.1996 to 16.06.1996. Two operations were performed and skin grafting was done afresh. Thus an award of compensation of Rs.10,000/- on account of pain and suffering even from the standard of year 1996 was very low. This amount needs to be enhanced from Rs.10,000/- to Rs.25,000/-.