JAI SHREE Vs. NATHU MAL

JUDGEMENT

(1.) Heard.

(2.) A claim petition was filed by the claimant-appellant on account of the injuries sustained by her in the motor accident occurred on 4.6.1990 when a Matador No. RNB 1556, driven rashly and negligently by its driver, hit the appellant and caused serious injuries, She has suffered a permanent disability, including disfiguration of head and face to the extent of 21.9 per cent. The learned Motor Accidents Claims Tribunal, Jaipur City, Jaipur, by its award dated 10.10.1995 awarded a total compensation of Rs. 45,000 to the claimantappellant. Feeling aggrieved thereby, this appeal has been preferred for the enhancement of the amount of compensation.

(3.) Broadly speaking, while fixing an amount of compensation payable to a victim of an accident, damages have to be assessed separately as pecuniary damages and non-pecuniary damages. Pecuniary damages are those, which the victim has actually incurred and which are capable of being calculated in terms of money, whereas, the non-pecuniary damages are those, which are incapable of being assessed by arithmetical calculations. Pecuniary damages may include expenses, incurred by the claimant in the medical treatment, loss of earnings and other material loss. Non-pecuniary damages may include the damages for mental and physical shock, pain and suffering, already suffered or likely to be suffered in future and damages for loss of amenities of life, inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life.