RAM BABU Vs. BAJRANG SINGH & ORS.

JUDGEMENT

(1.) Heard.

(2.) 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 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, 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 earning and other material loss. Non-pecuniary damages may include 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.

(3.) The learned Tribunal has assessed the pecuniary damages as Rs. 5,795.95. In my opinion, no interference is called for in this regard. The learned Tribunal has assessed the non-pecuniary damages as Rs. 4,204/- only, which seems to be inadequate. The appellant has sustained permanent disability of head to the extent of 5 per cent and thus, he has become a life-long handicapped and no amount of compensation can restore him to normalcy. Therefore, whenever an amount is determined as compensation payable for the permanent disability suffered during the accident, the object is to compensate such injury so far as money can compensate, because, it is impossible to equate the money with the human sufferings, permanent disability and disfiguration or personal deprivations. As held by Hon'ble the Supreme Court in the case of R.D. Hattangadi v. Pest Control (India) Private Limited & Ors., 1995 1 ACC 281, the determination of the amount of compensation, in the cases of accidents "involves some guess-work, some hypothetical consideration, some amount of sympathy linked with the nature of the disability caused". In the instant case, in my opinion, the claimant-appellant should be awarded non-pecuniary damages of Rs. 50,000/-, instead of Rs. 4,204/- as awarded by the learned Tribunal. Thus, the total amount of compensation comes to Rs. 50,000/- + Rs. 5,795.95 = 55,795.95 or say Rs. 55, 796/-.