KAMALJEET SINGH Vs. JITENDER KUMAR AND ORS.

JUDGEMENT

(1.) THE appellant, who is a victim of an accident has preferred this appeal for enhancement of the compensation awarded by learned Motor Accident Claims Tribunal (Fast Track Court), Shimla vide the award dated 10.1.2011.

(2.) BE it stated that loss caused to the victim of an accident is irreparable and cannot be compensated in terms of money. However, the award of just and reasonable compensation would certainly minimize his miseries considerably. The compensation payable to the victim of an accident cannot be assessed with all exactness, however, every possible efforts should be made to arrive at a figure, which appeals to be just and reasonable in the given facts and circumstances of each case. Hon'ble Apex Court in General Manager Kerala State Road Transport Corporation Trivandrum versus Sushma Thomus (Mrs.) & Others, : (1994) 2 SCC 176 has held that the amount awarded as compensation must not be niggardly since the law values life and limb in a free society in generous scales. The view of the matter taken by the apex Court in K. Suresh versus New India Assurance Company Ltd., : 2012 ACJ 2694, read as follows:

(3.) A co -ordinate Bench of this Court, while taking note of the Indian Law and also the foreign law laid down, has held in Raj Kumar versus Satpal and others, : 2010 ACJ, 1147, as under: -