1. The appellant has challenged the award dated 27th April, 2015 whereby compensation of Rs.7,30,000/- has been awarded to her. The appellant seeks enhancement of the award amount.

2. On 27th February, 2014, the appellant, aged about two years at that time, was going with his parents on motor cycle No.DL-6SAL-7409 from Sarojini Nagar to Sagar Pur. At about 4.35 P.M., the truck bearing No.DL-1GB-7138 hit the aforesaid motor cycle on the Ring Road near Nanakpura Gurudwara, Dhaula Kuan which resulted in grevious injuries to the appellant as well as her mother. The appellant’s mother succumbed to the injuries whereas the appellant suffered 100% disability relating to whole body as per the disability certificate Ex.PW-2/A.

3. The Claims Tribunal awarded Rs.6 lakh towards pain and suffering and loss of amenities, Rs.10,000/- towards conveyance, Rs.20,000/- towards special diet and Rs.1 lakh towards attendant charges. The total compensation awarded is Rs.7,30,000/-.

4. Learned counsel for the appellant urged at the time of the hearing that the Claims Tribunal has not awarded any compensation towards the loss of earning capacity, future treatment, disfiguration, loss of matrimonial prospects and loss of education. It is submitted that the compensation awarded under the heads of pain and suffering, loss of amenities, conveyance, special diet and attendant charges is on a lower side and be enhanced.

Law with respect to Grant of Compensation in Injury cases

5. The law with respect to the grant of compensation in injury cases is well-settled. The injured is entitled to pecuniary as well as non-pecuniary damages. Pecuniary damages also known as special damages are generally designed to make good the pecuniary loss which is capable of being calculated in terms of money whereas non-pecuniary damages are incapable of being assessed by arithmetical calculations. The pecuniary or special damages, generally include the expenses incurred by the claimants on his treatment, special diet, conveyance, cost of nursing/attending, loss of income, loss of earning capacity and other material loss, which may require any special treatment or aid to the insured for the rest of his life. The general damages or the non-pecuniary loss include the compensation for mental or physical shock, pain, suffering, loss of amenities of life, disfiguration, loss of marriage prospects, loss of expected or earning of life, inconvenience, hardship, disappointment, frustration, mental stress, dejectment and unhappiness in future life, etc. The above list is not exhaustive and there may be special or additional circumstances depending on the facts in each case.

6. In R.D. Hattangadi v. Pest Control (India) Pvt. Ltd., (1995) 1 SCC 551, a road accident resulted in 100% disability due to paraplegia below waist to a lawyer (retired Judge). The Supreme Court observed that no amount of compensation can restore the physical frame of the appellant. That is why it has been said by Courts that whenever any amount is determined as the compensation payable for any injury suffered during an accident, the object is to compensate such injury "so far as money can compensate" because it is impossible to equate the money with the human sufferings or personal deprivations. Money cannot renew a broken and shattered physical frame. In its very nature whenever a Tribunal or a Court is required to fix the amount of compensation in cases of accident, it involves 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 viewed with objective standards. When compensation is to be awarded for pain and suffering and loss of amenity of life, the special circumstances of the claimant have to be taken into account including his age, the unusual deprivation he has suffered, the effect thereof on his future life.

7. In Common Cause, A Registered Society v. Union of India, (1999) 6 SCC 667, the Supreme