- (1.) S. P. Srivastava, J. Heard the learned Counsel for the Owner-Appellant.
(2.) THE appellant has filed the present appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 1,50,000 determined as just compensation to which the injured claimant was found entitled to on account of his having suffered grievous injuries resulting in partial permanent disablement. The case of the injured-claimant was that in the accident he had suffered a fracture in scalp and the fingers of left hand and had lost his eye-sight so far as the left eye was concerned which after prolonged treatment could be restored only to a limited extent. The partial permanent disablement was in regard to the eye-sight of his left eye. The injured had also claimed that he had already spent an amount of Rs. 1,00,000 on the medical treatment. The Tribunal taking into consideration the evidence and the material brought on record and taking into account the duration of the treatment and expenditure already incurred on that count and further the expenditure incurred in travelling to Delhi- Lucknow- Fatehgarh, had determined the aforesaid amount of compensation.
(3.) THE learned Counsel for the appellant has urged that the amount of compensation determined is highly excessive. So far as the aforesaid aspect is concerned, it may be observed that no award of money can possibly compensate a man and renew a shattered human frame. THE general principle governing the assessment of damages in case of bodily injuries to the effect that the award to the injured party should be such a sum of money as will put him in the same position as he would have been in if he had not sustained injuries, cannot be said to be attracted, where the assessment of damages has to be made for the pain and suffering undergone and for the impairment which results from the injuries and in such cases while fixing the damages the Judge can do no more than endeavour to arrive at a fair estimate taking into account all the relevant considerations. It should not be lost sight of that a bodily injury is to be treated as a deprivation which entitles a claimant to damages and the amount of damages has to vary according to the gravity of the injury. Further the deprivation by injuries may bring with it different consequences such as loss of earning or earning capacity, expenses to pay others for what otherwise he or she would do for himself/herself and diminution in full pleasure of living. While considering the deprivation the Court should have regard to the gravity and degree of deprivation and the duration of the deprivation and further the degree of awareness of the deprivation. In awarding damages in personal injury cases, the compensation should be substantial in nature and it should not be merely token damages.;