Research › Browse › Judgment

Rajasthan High Court · body

1998 DIGILAW 1216 (RAJ)

JAI SHREE v. NATHU MAI

1998-11-18

D.C.DALELA

body1998
Judgment DALELA, J. ( 1 ) ( 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. ( 4 ) IN the instant case, no pecuniary damages have been awarded by the Tribunal. The learned Tribunal has assessed the non-pecuniary damages as Rs. 45,000 only. The appellant, a young girl of 14 years, when the accident took place, has sustained permanent disability including disfiguration of head and face to the extent of 21. 9 per cent. She has suffered a lifelong disfiguration of head and face. No amount of compensation can restore the physical frame of the appellant. Therefore, whenever an amount is determined as the 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 money with the human suffering, permanent disability and disfiguration or personal deprivations. Money cannot renew a broken and shattered physical frame. Therefore, whenever an amount is determined as the 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 money with the human suffering, permanent disability and disfiguration or personal deprivations. Money cannot renew a broken and shattered physical frame. As has been held by honble Supreme Court in the case of R. D. Hattangadi v. Pest Control (India) Pvt. Ltd. , 1995 ACJ 366 (SC), the determination of the amount of compensation in the cases of accidents involves some guesswork, some hypothetical consideration, some amount of sympathy linked with the nature of the disability caused. The claimant-appellant, in the instant case, has suffered permanent disability of head and face to the extent of 21. 9 per cent. Obviously, she will never be in normal physical frame and has become lifelong handicapped and disfigured. In my opinion, she should be awarded non-pecuniary damages of Rs. 1,00,000, instead of Rs. 45,000 as awarded by the learned Tribunal. ( 5 ) NO other point has been raised and argued before me. ( 6 ) IN the result, the appeal is partly allowed. The total amount of compensation is enhanced to Rs. 1,00,000 from that of rs. 45,000 as awarded by the learned Tribunal. The award of the learned Tribunal shall stand modified to this extent. The other part, terms and conditions of the award are maintained. Appeal partly allowed.