In deciding just compensation under Sec. 166 of the Motor Vehicles Act, 1988, all elements that would put the victim almost near to the situation before the accident must be considered, including pecuniary damages, special damages, future prospects, and non-pecuniary damages.

JUDGMENT

1. Learned advocate for both the parties are ad idem on the issue that the instant appeal may be disposed of giving a go-bye to the technicalities involved in the process and the appeal may be instantly disposed of even without consulting Lower Court Records. It is submitted by the learned advocate for the appellant, since the appellant has been suffering from financial distress for want of sufficiency of money for her sustenance, the appeal may be disposed of on the basis of materials furnished by both the parties to this case, which is not even opposed by the learned advocate for the respondent no.1/Insurance Company.

2. When learned advocate for both the parties are agreeable to the expeditious disposal of the instant appeal, the Court should not stand in the way. The instant appeal has emerged out against the judgement and award dtd. 24/5/2007, passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track Court No.2, Islampur, Uttar Dinajpur, in M.A.C. Case No.301 of 2005, on a claim under Sec. 166 of the Motor Vehicles Act, 1988 for injury of the claimant/appellant, aged about 35 years, on 27/4/2005.

3. The insurance company is represented. The facts of the case are not in dispute.

4. The learned advocate of the appellant submits that the instant claim application has been filed thereby praying compensation for the injury suffered by the claimant/appellant arising out of the use of the motor vehicle. The claimant/appellant was a manager under a Government Contractor at the time of accident and used to earn Rs.4,000.00 per month from his employer. After the accident the claimant/appellant was admitted at Lodhan P.H.C. and thereafter in Maya Sanyal Nursing Home at Siliguri for his treatment. Due to the accident, the appellant became permanently disabled, and the medical board after medical examination issued the disablement certificate declaring that the appellant has become disabled to the extent of 55%.

5. Mr. Subir Banerjee, the learned advocate appearing for the appellant urges several grounds to challenge the award in this appeal. According to Mr. Banerjee, despite the disability of the petitioner/appellant being assessed to the tune of 55% by the medical board, the learned Tribunal granted only a lump sum compensation of Rs.70,000.00, which included loss of income, medical expenses, financial loss, pain and suffering, without considering the future loss of income based on the income and percentage of disability.

6. The learned advocate for the appellant/claimant submits that the claimant was not also granted any amount under 'future prospect' and learned Tribunal also has erred in law not granting interest on the compensation amount from the date of filing of the claim application. Accordingly, it is argued that a lesser quantum of compensation has been wrongfully awarded by the learned Tribunal.

7. In support of the arguments, the learned advocate of the appellant has placed reliance upon the following judgements of the Apex Court: Mr. R. D. Hattangadi vs. M./s. Pest Control (India) Pvt. Ltd. & ors. reported in (1995) 1 SCC 551, Raj Kumar vs. Ajay Kumar and another, reported in (2011) 1 SCC 343, Jagadish vs. Mohan and others reported in (2018) 4 SCC 571, Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121 and National Insurance Company Limited vs. Pranay Sethi & ors. reported in (2017) 16 SCC 680.

8. In the case of Mr. R. D. Hattangadi, as sought to be relied upon by appellant, the Apex Court proceeded to cover damages with respect to its two components thereunder. While one is pecuniary damages, the other one is special damages. Thus the damages include both the components, which have to be addressed while deciding the award.

9. Together with this, if there is any special circumstances attended thereby leading to the consequence of the accident,