REBY Vs. P.L. FRANCIS AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No. 1551 of 2009 of the Motor Accidents Claims Tribunal, Irinjalakuda by the injured. Appellant sustained injuries in a motor accident on 17.06.2008 and the learned Tribunal awarded compensation of Rs. 1,64,936/- (Rupees One Lakh Sixty Four Thousand Nine Hundred and Thirty Six only) with 7.5% interest and cost as compensation. Being aggrieved by that, the injured preferred this appeal.

(2.) In the lower court, the driver and owner of the offending vehicle were ex parte. The insurer admitted the insurance of the vehicle. Claimant examined PW1 to PW3 and marked Exts.A1 to A12 as his documentary evidence.

(3.) In permanent injury case, the injured is entitled to get higher income than that in death case. 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 nonpecuniary 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: