JUDGMENT

J.B.PARDIWALA

( 1. ) THE present Appeal is at the instance of original claimant arising from the order dated 27th August 2004 passed by the Motor Accident Claims Tribunal, Patan (hereinafter referred to as, 'the Tribunal') in Motor Accident Claim Petition No.428 of 2002. THE Appeal relates to the award of compensation made under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as, 'the Act') to the appellant by the Tribunal, which was claimed against the respondent Gujarat State Road Transport Corporation. THE appellant filed a claim for Rs.18 lac at the rate of 18% interest per annum under different heads.

( 2. ) THE Tribunal, as per its judgment dated 27th August 2004, awarded the appellant Rs.4,59,200=00 at the rate of 9% interest per annum from the date of the application. THE award to the tune of Rs.4,59,200=00 has been computed under various heads, for both pecuniary and non-pecuniary losses caused by the accident. THE appellant submits that this award was inadequate to meet with all the expenses incurred and likely to be incurred and presses his claim for the full amount of Rs.18 lac as prayed for in the claim petition. Thus, the appellant has prayed for enhancement of the amount of compensation.

(I) EVIDENCE OF ACCIDENT : THE accident in question occurred on 30th July 1991 at Patan town somewhere near a place called 'Ghanshyam Park'. At the relevant point of time, the injured was aged about 17 years and, therefore, the claim petition was being preferred by the father of the injured as natural guardian. THE injured was studying in 'Adarsh High School' in Standard-10 (Commerce Stream). On 30th July 1991, the injured left his house at around 11 O'clock on a bicycle for his school. Along with him, his friend named Lokeshkumar Vasantbhai was also riding on the bicycle. As per the case of the injured, he was riding his bicycle at a very low speed on extreme left-hand side of the road. At that point of time, at around 11:15 hours a bus bearing registration No.GRU-8601 came from behind in full speed and on account of rash and negligent driving on the part of the driver of the bus, the bicycle was hit from the rear portion by the bus, as a result of which the injured got flung in the air and fell down on the ground with a very heavy fall. THE injured was shifted to Patan hospital where he was given primary treatment and as he had sustained serious injuries, he was later on shifted to Ahmedabad Civil Hospital. (II) MEDICAL EVIDENCE ON RECORD : THE medical evidence on record is to the effect that the injured sustained a very serious injury in his spinal cord resulting in compressed fractures of L1, L2, L4, T12 vertebral bodies with gibbous formation. THE doctor certified the deformity to the extent of 100%. Medical evidence on record suggests that the present case is a case of 100% disablement due to paraplegia, as a result of fractures in L1, L2, L4, T12 of the spinal cord. Medical evidence also reveals that the urethra has been permanently damaged. THE injured has no control over his bowel movements and urine.

( 3. ) THE above-referred medical evidence is corroborated by the oral testimony of PW3 Dr.Gunwantbhai Kantilal Patel at Exh.47 as well as medical certificates at Exh.48 and Exh.51. THE process of determining the compensation by the court is essentially a very difficult task and can never be an exact science. Perfect compensation is hardly possible, more so in claims of injury and disability. As rightly pointed out in H.West and Son Ltd. v. Shephard, 1958-65 ACJ 504 (HL, England) : "...money cannot renew a physical frame that has been battered."

( 4. ) HOWEVER, making a monetary assessment of the injury suffered is the only process devised to compensate the victim. The process of making such an assessme