Madhya Pradesh High Court
Mool Chand vs S.S. Parihar And Ors. on 5 March, 1998
Equivalent citations: 1999ACJ820
JUDGMENT
S.K. Dubey and Agarwal, JJ.
1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of compensation awarded in Claim Case No. 43 of 1990 vide award dated 7.9.1994 passed by the Motor Accidents Claims Tribunal, Raipur.
2. On 5.8.1989 at about 11.30 p.m., when the appellant was coming from Mahasamund to Raipur in his Maruti car on Nawagaon-Lakholi road, the truck bearing No. MOT 9933 driven by respondent No. 2, owned by the respondent No. 1 and insured with respondent No. 3 dashed the Maruti car, as a result of which the appellant received severe multiple injuries. His right femur and shaft and right knee were fractured. He received bruises all over his body. He was taken to D.K. Hospital, Raipur, where he remained for two days and thereafter was shifted to Bombay, where he remained as an indoor patient from 8.8.89 to 27.8.1989. His right femur and shaft were operated upon and steel plates with Richard screws and 13 other screws were fixed for the reunion of the fractured bones. He remained bedridden for a period of three months and could not carry on his profession for a period of six months.
3. The appellant claimed compensation of Rs. 14,21,940. The learned Tribunal, after appreciation of evidence adduced by the parties, held that the accident was caused due to the sole negligence of the truck driver. Therefore, under the head of pecuniary damages, awarded Rs. 22,000 for medical care, Rs. 3,000 towards the expenses incurred in performing journey from Raipur to Bombay, Rs. 2,140 for engaging one attendant and Rs. 30,000 for the loss of pay for a period of six months (in all Rs. 57,200). Under the head of non-pecuniary damages for the pain and suffering, which the appellant had suffered, an amount of Rs. 25,000 was awarded. Thus, a total amount of Rs. 82,200 was awarded with interest at the rate of 18 per cent per annum from the date of application, i.e., 3.2.1990 till realisation.
4. The task of assessment of compensation in injury claim cases is very difficult one, inasmuch as, for human suffering resulting from any serious bodily injury cannot from its very nature be valued in terms of money. No amount of compensation can restore the physical frame of the appellant. Therefore, while determining the damages, the reasonable compensation with moderation having regard to the awards in comparable cases has to be awarded. [See Jai Bhagwan v. Laxman Singh, 1994 ACJ 983 (SC)].
5. In the case of R.D. Hattangadi v. Pest Control (India) Pvt. Ltd., 1995 ACJ 366 (SC), the Supreme Court has laid down the principles for assessment of compensation in injury claim cases. The damages are awarded under two heads-pecuniary damages and non-pecuniary damages. So far as the award of damages under the head of 'pecuniary damages' is concerned, the Tribunal has rightly awarded the amount of compensation on the evidence adduced, which we are not inclined to enhance. The non-pecuniary damages 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 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; from the very nature the Tribunal or a court is required to fix the amount of compensation in cases of accident, on some guess work, some hypothetical consideration, some amount of sympathy linked with the nature of the disability caused. But all the aforesaid elements have to be reviewed with objective standards.
6. In the present case, the Tribunal has awarded under the head of 'non-pecuniary damages' Rs. 25,000 towards mental and physical shock, pain and suffering, which the appellant had suffered, which seems to be proper. However, the Tribunal has not taken into consideration the damages to compensate for the loss of amenities of life, loss of expectation of life, inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life. In view of the fact that the appellant's right femur and shaft were operated upon and steel plates with Richard screws and 13 other screws were fixed for the reunion of the fractured bones, it cannot be said that merely because the fracture has united, the appellant has not suffered permanent disability. On account of the injury, the appellant certainly will suffer inconvenience, hardship, discomfort, disappointment, frustration and mental stress, besides his loss of expectation of life. Therefore, looking to the nature of the injuries resulting in permanent disability, minimum compensation of Rs. 50,000 ought to have been awarded. Thus, the appellant would be entitled to in all Rs. 1,32,200.
7. However, on the amount so enhanced by us, i.e., Rs. 50,000, the appellant would be entitled to interest at the rate of 12 per cent per annum only from the date of the award, i.e., 7.9.1994 as we are not awarding interest to the appellant on this amount from the date of application, for the reason that the Tribunal had awarded interest at the rate of 18 per cent per annum from the date of application, which is excessive as usually the interest is awarded at the rate of 12 per cent per annum.
8. The respondent No. 3, insurer, who has suffered the award passed by the Tribunal, is directed to deposit the amount, as enhanced by us, less the amount already deposited by it, if any, within a period of two months from the date of supply of certified copy. On deposit, the amount shall be disbursed to the appellant, keeping in view the well settled guidelines for disbursement.
9. In the result, the appeal is allowed, the appellant shall be entitled to compensation and interest as indicated herein-above. Counsel's fee Rs. 1,000 (Rupees one thousand only), if pre-certified.