AJAY KUMAR SHAKYA Vs. KANTI DEVI

JUDGEMENT

(1.) Heard the learned counsel for the appellants.

(2.) The Tribunal, after careful consideration of the evidence and the materials brought on record, had come to the conclusion that the injured, the minor daughter of Ram Narain Gupta, was aged about 6 years at the time of the accident and the injuries caused to her in the accident had resulted in 25 per cent permanent disability. Her right leg had been fractured and after treatment for about an year, she was able to walk but not in a normal way. She limped while walking. She was not in a position to play games. The medical certificate produced by the claimants indicated that her right leg had become angular and deformed. The disability was indicated to be 25 per cent. The Tribunal while calculating the amount of compensation had taken into account the loss of enjoyment of life and amenities, which the injured minor was to suffer throughout her life.

(3.) It cannot be lost sight of that no award of money can possibly compensate a man and renew a shattered human frame. Effort, therefore, should be made to put the injured party, so far as practicable, in the same position in which he/she would have been if he/she had not sustained the injuries. The bodily injury is to be treated as a deprivation which entitles a claimant to damages. The amount of damages varies according to the gravity of the injury. The deprivation caused by the injuries may bring with it the consequences of loss of earnings or earning capacity, burden of expenses to pay others for what otherwise the injured would do for himself/herself and loss or diminution of full pleasures of living. While considering the effect of deprivation, the court should have regard to the gravity and degree of the deprivation and degree of the awareness of the deprivation also. The compensation in the case of personal injuries should be substantial in nature and not merely token damages. Though it is impossible to equate money with the human suffering on account of personal deprivations but the court has to make an attempt to award money so far as it can compensate the loss.