SRI SHIBENDU ROY CHOWDHURY Vs. SRI NITAI SAHA, THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, SRI KESHAB DAS AND THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal for enhancement of compensation by the claimant is directed against the judgment dated 20.04.2007 delivered in T.S. (MAC) 274 of 2004 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala, whereby the learned Tribunal awarded compensation of Rs. 4,12,000/ - to the claimant under the following heads:

(2.) THE facts proved on record are that the claimant after suffering injury was taken to the GBP hospital, Agartala, where he was admitted on 21.10.2003 and remained there till 08.11.2003. The discharge certificate which has been proved on record shows that he was suffering from a trauma of the head which was febrile. He was thereafter referred for treatment at S.S.K.M. hospital, Kolkata. According to the claimant he could not get place in the S.S.K.M. Hospital, Kolkata and therefore went to the A.M.R.I. hospital in Kolkata. The learned Tribunal held that since the claimant of his own accord had gone to a private hospital he could only be awarded a sum of Rs. 1,00,000/ - for the entire treatment and he also awarded him Rs. 30,000/ - for future medical expenses.

(3.) IT is impossible to equate human suffering and personal deprivation with money. However, this is what the Motor Vehicles Act enjoins upon the Courts to do. The Court has to make a judicious attempt to award damages, so as to compensate the claimant for the loss suffered by him. Such compensation is what is termed as just compensation. On the one hand, the compensation should not be assessed very conservatively, but on the other hand, compensation should also not be assessed in so liberal a fashion so as to make it a bounty to the claimant. The Court while assessing the compensation should have regard to the degree of deprivation and the loss caused by such deprivation. The compensation or damages assessed for the personal injuries should be substantial damages to compensate the injured for the deprivation suffered by him throughout his life. They should not be just token damages. There are numerous cases where the principles for grant of compensation have been enunciated. It would be relevant to quote pertinent observations from a few.