JIVIN, JANARDHANAN Vs. THE ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal is preferred against the award in O.P(MV) No. 316/2012 of the Motor Accidents Claims Tribunal, Perumbavoor by the injured. The appellant sustained serious injuries in a motor accident and the learned Tribunal awarded Rs. 7,25,545/- as compensation. Being dissatisfied by that amount, the injured preferred this appeal.

(2.) In the lower court, there was no dispute with regard to the accident. The driver and owner of the offending vehicle were set ex-parte. The insurer admitted the insurance of the vehicle. The claimant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A14. Respondent's document was marked as Ext.B1. The disability certificate was marked as Ext.C1.

(3.) In injury cases the damages are to be assessed separately as pecuniary and special damages. The object is to compensate injury so far as money can compensate. When compensation is to be awarded for pain, suffering and loss of amenities in life, special circumstances of the claimant have to be taken into account. Amount of compensation for non-pecuniary loss is not easy to determine, but award must reflect that different circumstances have been taken into consideration. Hence, the multiplier method has to be followed to calculate pecuniary loss upon annual basis. In Yadava Kumar v. D.M. National Insurance Co. Ltd. (2010 (8) SCALE 567) Apex Court reiterated the principle in relation to the assessment of damages for personal injuries cases as follows: