The Bihar Co-Operative Motor Vehicles ... vs Rameshwar Raut And Ors. on 16 May, 1969
In this context Mr. Misra relied on AIR 1970 Pat 172 (Bihar Co-op. M. V. Insurance Society v. Rameshwar). It is a case where a mother and a child were run over and met their end. while tending cattle, by an accident, and a compensation of Rs. 6,000 was granted, which on. appeal was modified and Rs. 3,000 was granted towards the death of the mother and Rs. 2,600 for the child. According to Mr. Misra the principles enunciated in this citation have been lost sight of by the learned lower court and he has granted a higher compensation. I do not think this contention can prevail. Law is well settled that on appeal the quantum of damages will not be disturbed unless either (i) the Tribunal had applied a wrong principle of law, or. misdirected itself, or (ii) the amount awarded either was so inordinately low or was so inordinately high that it must be held as erroneous. The normal rule
therefore was that no appeal lay on the quantum of damages unless it involved a matter of principle. The principles and criteria for ascertaining the amount of compensation have not been laid down in the Motor Vehicles Act, but the Claims Tribunal can make en award determining the amount of compensation which appears to it to be just and reasonable, and it has to specify the person or persons who shall be paid and the amount as well which shall be paid by the insurer.