BABUL PODDAR, WEST TRIPURA Vs. NARAYAN CHANDRA DAS

JUDGEMENT

(1.) THIS appeal by the claimant for enhancement of compensation is directed against the award of the learned Motor Accident Claims Tribunal, West Tripura, Agartala in case No. TS (MAC) 143 of 2003 decided on 25.08.2004 whereby compensation of Rs.2,28,000/ - was awarded to the claimant under the following heads:

(2.) THE principles with regard to determination of just compensation contemplated under the Motor Vehicles Act are well settled. Injuries cause deprivation to the body which entitles the claimant to claim damages. The damages may vary according to the gravity of the injuries sustained by the claimant in an accident. On account of the injuries, the claimant may suffer consequential losses such as, (i) loss of earning; (ii) expenses on treatment which may include medical expenses, transportation, special diet, attendant charges etc., (iii) loss or diminution to the pleasures of life by loss of a particular part of the body, and (iv) loss of future earning capacity. The damages can be pecuniary as well as non -pecuniary, but all have to be assessed in Rupees and Paise.

(3.) THE following observations of Lord Morris in his speech in H. West & Son Ltd. V. Shephard, 1958 -65 ACJ 504 (HL, England), are very pertinent: