ANKITA RUDRA PAL Vs. BIMAN DASGUPTA

JUDGEMENT

(1.) THIS appeal for enhancement of compensation is directed against the award dated 25th April, 2009 passed by the learned Motor Accident Claims Tribunal, North Tripura, Dharmanagar in T.S.(MAC) No. 54 of 2008 whereby the Tribunal has awarded a sum of Rs. 1,70,757/ - along with interest @ 6% per annum in favour of the claimant under the following heads:

(2.) SRI D.K. Biswas, learned counsel for the claimant submits that the award is very much on the lower side and prays that the same may be suitably enhanced.

(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.