BHABARANJAN DEBNATH, S/O LATE DWIJA LAL DEBNATH Vs. MD ABDUL KALAM, SON OF FAJAL HOQUE MIA; PRANAB DEBNATH, S/O LATE DWIJALAL DEBNATH; BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal by the claimant has been filed for enhancement of compensation and is directed against the award dated 27th October 2006, passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in Case No.TS(MAC)139 of 2006 whereby the learned Tribunal awarded a sum of Rs.5,98,400/- along with interest to the claimant as compensation under the following heads :

(2.) Since the only issue involved is the quantum of compensation it is not necessary to deal with the other aspects of the matter. The learned Motor Accident Claims Tribunal has not granted compensation under the well established principles of just compensation. Only an amount of Rs.5,000/- has been granted for pain and suffering. No amount has been granted for loss of amenities and future discomfort in life though the claimant has suffered amputation of the leg.

(3.) The principles with regard to determination of just compensation contemplated under the Motor Vehicles Act, 1988 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 nonpecuniary, but all have to be assessed in Rupees and Paisa.