SAMINRAN DEB ROY v. TRIPURA ROAD TRANSPORT CORPORATION
2000-09-07
H.K.K.SINGH, J.N.SHARMA
body2000
DigiLaw.ai
JUDGMENT : J.N. Sarma, J. 1. This is an appeal u/s 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 7-12-1995 passed by the learned Member, Motor Accident Claims Tribunal (District Judge, West Tripura District) in case No. T. S. (MAC) 201 of 1994. 2. We have heard Mr. D.R. Chowdhury, learned counsel for the appellant. Also heard Mr. A.C. Debnath, learned counsel for the respondent - TRTC. 3. The admitted position in this case is that the appellant herein met with an accident and the Bus involved belonged to the respondent No.1. In the accident, the claimant was injured and his left leg was amputed. Now, he is living on with an artificati limb. The claimant is an employee of the Rural Deveolpment Department under the Government of Tripura. The Tribunal only awarded a sum of Rs. 50.000 along with Rs. 15,000 for treatment and for loss of their conjugal life. That amount has already been paid. 4. The law regarding the award of compensation as mandated in section 168 of the MV Act is that it must be just compensation. In N.K.V. Bros. (P) Ltd. Vs. M. Karumai Ammal and Others, the Supreme Court has pointed out as follows :- "....A second aspect which pains us is the indequacy of the compensation or undue parcimony practised byTribunals. We must remember that judicial tribunals are State organs and Art. 41 of the Constitution lays the jurisprudential foundation for State relief against accidental disablement of citizens. There is no justification for niggardliness in compensation...." Learned counsel for the appellant also places reliance in R.D. Hattangadi Vs. M/s. Pest Control (India) Pvt. Ltd. and Others, the Supreme Court has pointed out that 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 is 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.
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. For far non-pecuniary damages are concerned, they may include : (i) damages for mental and physical shock, pain 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 ableto 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 shortendcd ; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life. All these aspects were not taken into consideration by the Tribunal in fixing the compensation. In United India Insurance Co. Ltd. Vs. Narendra Pandurang Kadam and Others, the Supreme Court has given a long list how to assess the compensation. 5. In the present case on consideration of materials on record, we find that the amount of compensation which has been assessed is really inadequate and on the lower side especially in view of the judgment quoted above. But, considering the fact that he is working and will get all the benefits, we fell that just compensation would be a sum of Rs. 1,50,000 which is awarded. Mr. A.C. Debnath, learned counsel for the respondent-TRTC has opposed it. The award of compensation of the claimant-appellant is enhanced to Rs. 1,50,000 (rupees one lakh fifty thousand only) and on the enhanced amount, the interest @ Rs. 12% will run from today only till it is paid. The amount shall be paid within a period of six months from today. 6. With the aforesaid observations and directions, the appeal stands disposed of.