RANJEEV KUMAR KOCCHAR Vs. R B PANDEY

JUDGEMENT

(1.) The present appeal arises out of the award of compensation passed by the Learned Motor Accident Claim Tribunal on 8th April 2002 for enhancement of compensation. The learned Tribunal awarded a total amount of Rs 1,66,400/- with an interest @ 9% PA for the injuries caused to the claimant appellant in the motor accident.

(2.) A claim petition was filed on 22nd August 1995 and an award was made on 8th April 2002. Aggrieved with the said award enhancement is claimed by way of the present appeal.

(3.) I have heard the counsel for the appellant and have perused the award. In a plethora of cases the Hon'ble Apex Court and various High Courts have held that the emphasis of the courts in personal injury and fatal accidents cases should be on awarding substantial, just and fair damages and not mere token amount. In cases of personal injuries and fatal accidents the general principle is that such sum of compensation should be awarded which puts the injured or the claimants in case of the fatal accidents matter in the same position as he would have been had accident had not taken place. In examining the question of damages for personal injury, it is axiomatic that pecuniary and non-pecuniary heads of damages are required to be taken in to account. In this regard the Supreme Court in Divisional Controller, KSRTC v. Mahadeva Shetty, (2003) 7 SCC 197, has classified pecuniary and non-pecuniary damages as under: