ASHWANI KUMAR MUNSHI Vs. MEHRAJUDDIN MANDOO

JUDGEMENT

(1.) THE appellant-petitioner while travelling in his Maruti car bearing the registration No. JK 02-H 4710 from Jammu to Srinagar along with his mother, brother, sister-in-law and niece met with an accident near Batote. He filed claim petition before the Motor Accidents Claims Tribunal, Jammu, in which an amount of Rs. 22,00,000 was claimed by him on various aspects. One of the claims sought by the appellant-petitioner was loss of future income, which included loss of future promotions. An amount of Rs. 5,00,000 has been claimed by him on this behalf.

(2.) AFTER hearing the parties, the Tribunal has found on fact that the petitioner had suffered injuries due to rash and negligent driving of the offending vehicle. Four issues were framed by the Tribunal. The issue No. 2 related to the amount of compensation to which the appellant would be entitled. The Tribunal after hearing the parties awarded an amount of Rs. 1,35,000 to the appellant. No compensation has been granted by the Tribunal on account of loss of future income. It is, in these circumstances that the present appeal has been filed by the appellant.

(3.) THE measure of damages is the pecuniary loss suffered and is likely to be suffered by claimant or his dependant. Thus, except where there is an express statutory direction to the contrary, the damages to be awarded to a dependant of a deceased person under the Fatal Accidents Act must take into account any pecuniary benefit accruing to that dependant in consequence of the death of the deceased. It is the net loss on balance which constitutes the measure of damages. THE actual pecuniary loss of each individual entitled to sue can only be ascertained by balancing, on the one hand, loss to him of the future pecuniary benefit, and on the other, any pecuniary advantage which from whatever source comes to him by reason of death or injury caused. THE loss is also to be counted in terms of future earnings which would have accrued to future earnings also.