LAWS(GAU)-2002-7-17

NATIONAL INSURANCE COMPANY LIMITED Vs. DIPIKA CHOUDHURY

Decided On July 16, 2002
NATIONAL INSURANCE CO.LTD Appellant
V/S
DIPIKA CHOUDHURY Respondents

JUDGEMENT

(1.) This appeal has been filed by the insurance company against the award dated 29.12.1999 passed by learned Member, M.A.C. Tribunal, Kamrup at Guwahati. By the impugned award the Tribunal awarded a sum of Rs. 20,51,469 with interest at the rate of 12 per cent with effect from 24.8.1998 on Rs. 20,36,469. There was a further direction to pay this amount within 30 days. Hence, this appeal by the insurance company on the ground that the award is fanciful and whimsical.

(2.) Under section 168 of Motor Vehicles Act, 1988 the Claims Tribunal may make an award determining the amount of compensation which appears to it to be just (Emphasis supplied). A compensation cannot be given by the Tribunal which is fanciful, arbitrary and based on conjectures and surmises. No doubt, in determining the amount of compensation there will be some amount of conjectures and surmises. After all a compensation cannot be determined by applying a computerised method. A human approach will have to be made and in making that human approach some error either this side or that side is possible, but that error must be within the bounds and it cannot make the method a fanciful one. It should be borne in mind that in N.K.V. Bros. (P) Ltd. v. M. KarumaiAmmal, 1980 ACJ 435 (SC), the Apex Court pointed out that there is no need for the Tribunal to adopt an attitude of undue parsimony in determining the compensation. The Tribunal should adopt a broad approach, but at the same time a caution was given that the award must not appear to be fanciful and whimsical.

(3.) We have heard Mr. A.K. Phukan, learned Senior Advocate assisted by Mr. M. Bhuyan for the appellant and Mr. P.C. Deka, learned Senior Advocate assisted by Mr. Medhi, Advocate for the claimant.