BABU LAL Vs. BHAGWAN SAHAY

JUDGEMENT

(1.) AGGRIEVED by the award dated 28.06.2004, passed by the Motor Accident Claims Tribunal, Dausa, whereby the learned Tribunal has awarded a compensation of merely Rs.56,020/- to the claimant-appellant, the claimant-appellant has approached this Court.

(2.) SHORTLY the facts of the case are that on 24.12.2001, the appellant-claimant was travelling in a Jeep, bearing registration No.RJ-29-P-0559. When the jeep reached near Shahadpur Mod, a truck was coming from the opposite side. The driver of the jeep, driving the jeep rashly and negligently, drove the jeep off the road. Consequently, the appellant-claimant sustained grievous injuries. He filed a claim petition before the learned Tribunal against the respondents. The respondent No.4, the Insurance Company, filed its reply to the claim petition and denied the averments made therein. On the basis of the pleading of the parties, the learned Tribunal framed four issues and recorded the evidence. In order to buttress his case, the appellant examined two witnesses including himself and exhibited number of documents. On the contrary, the respondents did not produce any oral or documentary evidence. After going through the oral and documentary evidence and after hearing both the parties, vide award dated 28.06.2004, the learned Tribunal partly allowed the claim petition in favour of the claimant-appellant and awarded a compensation of Rs.56,020/-. Since the compensation awarded by the learned Tribunal is a meager one, hence, this appeal before this Court.

(3.) BROADLY speaking, while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which are capable of being calculated in terms of money; whereas non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. In order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant: (i) medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss. So far as non-pecuniary damages are concerned, they may include (i) damages for mental and physical shock, pain and suffering already suffered or likely to be suffered in future; (ii) damages to compensate for the loss of amenities of life which may include a variety of matters, i.e., on account of injury the claimant may not be able to walk, run or sit; (iii) damages for the loss of expectation of life, i.e., on account of injury the normal longevity of the person concerned is shortened; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life.