GOPI S/O KESAVAN Vs. BIJU GEORGE

JUDGEMENT

(1.) This appeal is preferred against the award in O.P(MV) No.11/2010 of the Motor Accidents Claims Tribunal, Pala by the injured. On 27.10.2009, the appellant sustained injuries in a motor accident, while he was travelling as a pillion rider in KL-7/AQ 4370 and the learned Tribunal awarded compensation of Rs.1,47,718/- with interest and cost. Being satisfied by that award amount, the injured preferred this appeal.

(2.) In the lower court, the owner of the vehicle did not contest the claim. 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 A11. The disability certificate was marked as Ext.X1. Respondents did not adduce any evidence.

(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: