SHAMSHER KHAN Vs. M.P. ELECTRICITY BOARD

JUDGEMENT

(1.) WHAT minimum price a human life should fetch in today's money -market in this country?

(2.) IN the context of jurisprudence of compensation for motor accidents, Krishna Iyer, J., speaking for the court in Concord of India Insurance Co. Ltd. v. Nirmala Devi : 1980 ACJ 55 (SC), expressed vocally judicial concern for denial of social justice to free citizens of this country, hoping perhaps that no more they would be weighed like slaves. Thus he speaks: "...determination of the quantum must be liberal, not niggardly since law values life and limb in a free country in generous scales."

(3.) IN the instant case, the accident took place several years ago, in the year 1976, when Section 92 -A was not even in the contemplation of the legislature. Therefore, Mr. Dubey, who appears for the Respondents, is right in submitting that the provision cannot be given retrospective effect and would not also apply otherwise to the instant lis litigated under Section 110 -A of the Act. Indeed, the question is, whether any amount, less than Rs. 15,000/ -, can be awarded for loss of human life? I have no doubt that it has ceased to be a question of rupaye or paise as it used to be the law before enactment of Section 92 -A. Although the court cannot, in terms, enforce Section 92 -A, there is a constitutional as also statutory duty on the court to abide by the guidelines provided therein to award just' compensation under Section 110 -B in a claim preferred under Section 110 -A of the Act.