Rajasthan High Court - Jaipur
Javid vs Lalji Yadav And Ors. on 27 November, 2001
Equivalent citations: I(2002)ACC702, 2002ACJ702, 2002WLC(RAJ)UC143
JUDGMENT J.C. Verma, J.
1. The present misc. appeal has been preferred for enhancement of compensation against the award dated 21.1.1995 passed by the Motor Accidents Claims Tribunal, Jaipur City, Jaipur in the Claim Application No. 684 of 1992, whereby the amount of Rs. 1,12,000 has been awarded as compensation, whereas the claimant had claimed an amount of Rs. 7,10,000.
2. The claimant had met with the accident on 23.7.1992 when he was hit by the minibus No. RSO 6604. He was seriously injured and his left leg was amputated from the knee. As per medical evidence the injured sustained permanent disability to the extent of 75 per cent in childhood. After framing the necessary issues the Tribunal had come to the finding that the accident was caused due to negligent driving of the driver of minibus. After considering the oral and documentary evidence the Tribunal has awarded Rs. 1,00,000 for pain and suffering and Rs. 12,000 on other counts. As such the total compensation of Rs. 1,12,000 has been awarded.
3. For the reason that the present appeal has been filed for enhancement of compensation, therefore, there is hardly any necessity to discuss any other aspect of the case.
4. Learned counsel for the appellant submits that the injured-claimant was a child of the age of 5 years when he met with the accident and suffered the serious injury. His left leg has been amputated due to which his whole life has been spoiled for all purposes. He cannot live normal life. Apart from above the earning capacity of the claimant has been reduced. The Tribunal had granted much less compensation.
5. Learned counsel for the appellant relies on the judgment in case of Inspector General v. Bhagwan Singh, S.B. Civil Misc. Appeal No. 367 of 2000 wherein it was observed as under:
For determining the quantum of compensation the court has to take into consideration damages separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which are capable of being calculated in terms of money and 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. So far non-pecuniary damages are concerned, they may include (i) damages for mental and physical shock, pain and 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 claimant may not be able to 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 shortened; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life.
It is not disputed that the claimant had become handicapped to the extent that his left leg had been amputated. Even though no compensation can restore the physical frame of the claimant, but still for the serious and permanent disablement suffered due to accident some compensation can be awarded but the money cannot equate the human suffering or personal deprivations. The determination of the amount of compensation in case of accident involves some guesswork, some hypothetical consideration, some amount of sympathy linked with the nature of the disability caused. It cannot be lost sight of that the victim of the accident is practising advocate, who had to suffer amputation of left leg which will certainly affect not only social life but also professional life and even he cannot work properly. His settlement in life has seriously been impaired. His disappointment, frustration and mental stress in life is very much great and he will never be in the normal physical frame. In the case of Rajasthan State Road Trans. Corporation v. Hema S.B. Civil Misc. Appeal No. 547 of 1996 this Court has approved the award of a sum of Rs. 5,00,000 as non-pecuniary compensation for loss of amenities of life, discomfort, disappointment, frustration and mental stress in life in case of amputation of leg. Similar compensation was awarded in Ekta Khaitan v. Sita Ram 2000 ACJ 744 (Rajasthan).
6. In the case of Bhagwan Singh, S.B. Civil Misc. Appeal No. 367 of 2000, the left leg of the injured was amputated and the Tribunal had granted an amount of Rs. 7,65,000.1 fully agree with the submission of learned Counsel for the appellant. The compensation awarded to the claimant needs to be enhanced to the tune of Rs. 5,00,000 in toto. As such, the claimant is entitled to receive the compensation of Rs. 5,00,000 with the rate of interest 12 per cent per annum only.
7. The whole amount of compensation shall be paid to claimant, after adjusting the amount already paid, within three months from the date of receipt of certified copy of this order.
8. The claimant shall be entitled to the interest at the rate of 12 per cent per annum only and no penal interest shall be payable as awarded by the Tribunal that if the compensation is not paid within two months the interest at the rate of 15 per cent per annum will be payable.
9. With the above observations, the misc. appeal is partly allowed.