SURENDRA SINGH Vs. CHIRAGUDDIN

JUDGEMENT

(1.) APPELLANT -claimant Motor Accidents Claims Tribunal, Jaipur, preferred a claim petition before learned (for short 'the Tribunal'), with regard to an accident which took place on 6.8.1990 involving bus No. RRB 7110 which hit the claimant -appellant and crushed his legs. In the accident, the claimant -appellant sustained serious and grievous injuries and has suffered permanent disablement. He has, therefore, claimed a compensation of Rs. 17,00,000/ -. After receiving the evidence and hearing both the sides, the learned Tribunal awarded a compensation of Rs. 2,06,400/ - only. Feeling aggrieved by the award, the claimant -appellant preferred this appeal for the enhancement of the compensation. It is alleged that the bus was driven negligently and rashly by the respondent No. 1 while it belonged to the respondent No. 2.

(2.) THE learned Tribunal has awarded a sum of Rs. 2,06,400/ - towards the expenses which the claimant had to incur on his medical treatment, etc. and for the loss of income during the period of treatment. A sum of Rs. 1,00,000/ - has been awarded as general damages for the mental agony, pain and suffering. In the case of R.D. Hattangadi v. Pest Control (India) Pvt. Ltd. 1995 ACJ 366 (SC), the Hon'ble Supreme Court has laid down as under: 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.

(3.) UNDER the head what has been called as non -pecuniary special damages by the Apex Court in the Hattangadi's case 1995 ACJ 366 (SC), it has to be noted that the appellant -claimant has sustained 65 per cent to 70 per cent permanent disablement according to Dr. Mukut Sharma, AW 4, and has become impotent. According to Dr. Madan Mohan Bansal, AW 3, the natural urinary passage has become damaged. Thus, the claimant -appellant has suffered a grave hardship, discomfort, disappointment, frustration and mental stress in life as a result of the accident and there is a permanent loss of normal amenities of life. His sexual life is completely shattered. He has to suffer a grave frustration and humiliation throughout his life. The claimant has claimed Rs. 5,00,000/ - on account of non -pecuniary special damages for pain, suffering and loss of amenities owing to the permanent disablement, impotency, etc. The learned Tribunal has awarded a compensation of Rs. 1,00,000/ - under this head. In my opinion, the amount of compensation awarded by the learned Tribunal under the head of non -pecuniary special damages is inadequate. Having regard to the age of the claimant -appellant, the unusual deprivation including impotency and 65 per cent disablement, he has suffered, and the effect thereof on his future remaining life, I am of the opinion that claimant -appellant is entitled to Rs. 2,00,000/ - as compensation under the head of nonpecuniary special damages on account of pain, suffering and loss of amenities of life. Thus, the amount of compensation is required to be enhanced by Rs. 1,00,000/ -.