IMPORTANT POINT: The age, mental pain, shock, suffering and functional disability of the sufferer claimant should be taken into account of while deciding the quantum of compensation amount to be paid to him.

K.J. Thaker, J.

1. At times when the matters come for pronouncement of the judgment, judges pass restless nights. This is one such matter the reason being a young man of 27 years who was a chemical engineer is now rendered work less and has suffered disability of a nature which was not fathomed when matter was filed before MAC Tribunal, Pune. The same was transferred to Nadia by the order of the Hon'ble Apex Court. This court while admitting the matter in 1993 directed the insurance company to pay an amount of Rs. 10000/- per month till the matter was decided. The corpus was retained by the insurance company. The matter could not be decided on technical ground due to non service of summons to some of the respondents. However, it was submitted by parties mainly insurance company when the aspect of liability was not urged and the main contention is of contributory negligence and quantum awarded. This Court felt that as 35 years had lapsed from the date of accident, this matter should now be heard and that is how after a period of 22 years of filing of the appeal, this appeal and cross-objections are taken up for final disposal.

2. A very young aged promising chemical engineer has been reduced to very very state of sad life. The accident occurred in the year 1980 and till date he is unable to work as engineer leave apart he has to undertake selling of grocery because of the accident which occurred way back in the year 1980. We are in the year 2016 and his condition and disability as was described by Dr. Doshi in his oral deposition before tribunal continues till date. The insurance company has filed the appeal before this Court where the precarious condition of an engineer who was suffering from 1980 to 1993 when the matter was decided by the tribunal still continues. The Division Bench of this Court granted stay in Civil application No. 3472 of 1993 vide order dated 09.11.1993 on the following terms.

"When the matter i.e. F.A. No. 1861 of 1993 was admitted by this Court (Coram: M.B. Shah & J.M. Panchal JJ.) following order was passed on this civil application.

Rule returnable on 27th September 1993. Till then the execution of the award is stayed on the condition that Applicant No. 1 Insurance Company shall quantify the amount due and payable to the claimants as per the judgment and award passed by the Tribunal after calculating the interest upto 1st October 1993 orders would be passed after hearing the claimants.

We have heard the counsels extensiveness. Mr. Mehta, the learned counsel for the applicants states that the calculation has already been made by the appellant-Insurance Co. and as on September 30, 1993 as per the impugned award the amount requires to be paid to opponent No. 1 claimant comes to Rs. 29,25,023/- ps. including the interest and costs on the awarded amount by the Tribunal. On the facts and in the circumstances of the case, we are of the opinion that ends of justice would be met if the following directions are issued.

1. The stay granted by this court is continued on condition that an amount of Rs. 2,92,500/- (10% of the calculation) paid to the claimants subject to the result of the appeal by an account payee cheque on or before December 6, 1993.

2. The Insurance Company will also pay an amount of Rs. 10,000/- (Rupees Ten Thousand only) per month. This will be an ad-hoc payment every month starting from 1st January 1994. That payment also will be subject to the result of the appeal and the payment will be made by account payee cheque.

3. Mrs. Mehta, the learned counsel for the appellant No. 1-claimant strongly objected of not filing Vakalatnama of appellant No. 2-owner who was original opponent No. 4. Mr. Mehta, the learned counsel for the applicant made a categorical statement under the instructions of the officers of the insurance Co. that appellant No. 1-Insurance Co. will obtain a Vakalatnama and he