R. VENKATESAN Vs. V. JAGANATHAN, THE NEW INDIA ASSURANCE CO. LTD., P.S. KRISHNAN AND THE UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) "A person injured in an accident leaves his family in greater distress, vis-a-vis a family in a case of death. In the latter case, the initial shock gives way to a feeling of resignation and acceptance, and in time, compels the family to move on. The case of an injured and disabled person is, however, more pitiable and the feeling of hurt, helplessness, despair and often destitution enures every day. The support that is needed by a severely handicapped person comes at an enormous price, physical, financial and emotional, not only on the victim but even more so on his family and attendants and the stress saps their energy and destroys their equanimity". Thus the poignant position of the claimant was expressed the Hon 'ble Supreme Court, in the decision reported in the case of Nizam s Institute of Medical Sciences v. Prasanth S.Dhananka,2009 6 SCC 1. But still the Tribunal did not understand and appreciate the duty to award 'just compensation' and exhibited the mechanical approach towards calculation of loss.

(2.) As against the claim made for a sum of Rs.15,00,000/-, the Tribunal granted a sum of Rs.2,85,670/-, when the claim was made by the claimant, R.Venkatesh, aged 16, studying 10th standard at Ebenezer Matriculation School, who suffered amputation of leg above knee. This is under challenge in this Appeal.

(3.) Explaining the need for awarding full and fair compensation, the Hon'ble Supreme Court observed in the case of Arvind Kumar Mishra v. New India Assurance Company Limited and another, 2010 10 SCC 254, thus:-