AKHILA Vs. RAJU @ MAINA AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in O.P. (M.V.) No.1200 of 2010 of the Additional Motor Accidents Claims Tribunal, Ernakulam by the injured. Appellant sustained injuries in a motor accident and the learned tribunal awarded an amount of Rs. 6,51,887/- (Rupees Six Lakhs Fifty One Thousand Eight Hundred and Eighty Seven only) as compensation. The accident on 10.11.2009 was not disputed by the respondents in the lower court. The appellant did not adduce any oral evidence but her documents were marked as Exts.A1 to A23 and the disability certificate was marked as Ext.C1. Respondents have no dispute with regard to the disability. Being aggrieved by the award, injured preferred this appeal.

(2.) Learned counsel appearing for the appellant contended that the appellant was a tailor by profession and was getting an amount of Rs. 4,000/- per month, but the learned tribunal took Rs. 3,000/- only for calculating compensation, which is a meagre one.

(3.) While awarding compensation 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 amenity in life, special circumstances of 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. Therefore, the appellant is entitled to get just amount as compensation.