GOVERNOR-GENERAL IN COUNCIL Vs. SURAJMAL ESARKA

JUDGEMENT

(1.) THIS judgment will govern the defendant's appeal and the plaintiff's cross-objection.

(2.) THE plaintiff is a passenger who was involved in a collision while travelling on the Bengal Nagpur Railway. He sues the defendant company for damages. It was held in the lower Court that there was negligence and that finding has not been challenged here, nor could it well be considering the facts. Therefore, clearly the plaintiff is entitled to some damages and the only question in appeal relates to the quantum.

(3.) BOTH sides take exception to the figures of Rs. 1500 for general damages, but as we know of no standard by which such matters can be measured we find it impossible to interfere. Pain and mental suffering and the like cannot be measured in terms of money or money's worth and accordingly, unless the award is so grossly unreasonable one way or the other as to "shock the conscience" (to use a classical phrase) an appellate Court does not ordinarily interfere. Considering the sums awarded under this head in other cases we do not think the learned Judge's estimate can be said to be outrageous or "obviously wrong". One of us, if he had been left to himself, would probably have awarded a lower figure while the other would most likely have awarded more. This is a matter on which each man's judgment will differ. In the circumstances we will follow the usual rule in appeal in such cases and decline to interfere.