D.S. JASPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of mine shall dispose of four connected appeals No. 179 of 1990 and 276 to 278 of 1990 preferred by the claimants and five appeals No. 222 to 226 of 1990, preferred by the State, against the award dated 3.10.1989 passed by the Motor Accident Claims Tribunal, Chandigarh, awarding compensation to the claimants as under: <FRM>JUDGEMENT_2480_TLP&H0_2010_1.html</FRM>

(2.) There are some aspects of human life which are capable of monetary measurement, but the totality of human life is like the beauty of sunrise and the splendor of the stars, beyond the reach of monetary tape-measure. The determination of the damages for loss of human life is an extremely difficult task. Different formulas are carved and calculations are made, but no amount of compensation could restore the human life. Similarly, the man is like a bubble on flowing water on the heavy trafficking roads. A little negligence some times results into vanishing of the same as a whole, rendering their as helpless orphans and leave dependents to collect his remains and also to look forward to the owners, drivers and insurer to compensate them for such deaths gently living in castles come on the roads and cry for help. That apart, if a scratch is made on the bubble then this human frame stand disturbed having gone crippled for the rest of his life. No amount of compensation could restore the physical frame of such a person having a sufferer from an accident, that is why it has been said by the Courts that whenever any amount is determined as compensation payable for an injury suffered during accident, the object is to compensate such injury so far as the money can compensate because it is impossible to equate the money with the human sufferings and personal deprivations. Money cannot renew a broken and shattered physical frame. Similar observations were made in case R.D. Hattangadi v. Pest Control (India) Pvt. Ltd. and Ors., 1995 ACJ 366.

(3.) The present case relates to a tragic accident in which a staff correspondent Kanwar Sandhu, his wife Bittu Sandhu, their driver Harvinder Singh had suffered injuries. However, Mrs. Harvinder Jaspal, the wife of an IAS officer namely D.S. Jaspal, had expired and their car was damaged.