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11. The general principle which should govern the assessment of damages in personal injury cases is that the Court should award to injured person such a sum as will put him in the same position as he would have been in if he had not sustained the injuries.

12. Broadly speaking, while fixing an amount of compensation payable to a victim of an accident, the 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 is capable of being calculated in terms of money. Whereas, non pecuniary damages are those which are incapable of being assessed by arithmetical calculations.

(iv) Loss of expectation of life i.e. on account of injury normal longevity of the life of the person concerned is shortened.

(v) Disfigurement.

(vi) Discomfort or inconvenience, hardship, disappointment, frustration and mental stress in life.

15. As noted herein above, damages have to be assessed separately as pecuniary damages and non pecuniary damages. In the instant case, Tribunal has awarded Rs. 6,89,045/- under the head 'pecuniary damages' and Rs. 2,50,000/- under the head 'non-pecuniary damages'. I shall deal with each head separately.

In said case, the injured sustained severe and serious injuries on account of the road accident. His right leg was amputated. A learned Single Judge of Rajasthan High Court awarded a compensation of Rs. 3,00,000/- under the head non-pecuniary damages.

(vi) Dr.Gop Ramchandani v. Onkar Singh and Ors. .

In said case, in an accident which had occurred on 17.12.1985, injured sustained injuries because of which his left leg was amputated resulting in 50% permanent disability. A Single Judge of Rajasthan High Court awarded a compensation of Rs. 3,00,000/- under the head 'non pecuniary damages'. Break-up of the compensation under the said head is as under:

20. From the afore noted judicial decisions, a trend which emerges is that between the years 1985 to 1990, Courts have been awarding about Rs. 3,00,000/- under the head 'non pecuniary damages' for amputation of leg resulting in permanent disability of 50% and above.

21. In the instant case, Tribunal has awarded Rs. 2,50,000/- under the head 'non pecuniary damages'. Thus, award of the Tribunal under the head 'non pecuniary damages' is just, fair and reasonable.

Pecuniary damages:

22. Tribunal has awarded Rs. 6,89,045/- under the head 'pecuniary damages'. Learned counsel for the appellant challenges the award under pecuniary damages on two counts. One, compensation of Rs. 1,00,000/- awarded by the Tribunal for medical expenses is excessive. Two, Tribunal has applied incorrect principles of law while determining compensation to the injured for loss of earning capacity.