The court emphasized the necessity of just and fair compensation under the Motor Vehicles Act, ensuring that awards reflect the true extent of loss and suffering.

ORDER :

ORDER IN FA 3038 OF 2010

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant – original claimant being aggrieved and dissatisfied with the judgment and award dated 15.12.2009 passed by the Motor Accident Claims Tribunal, Himmatnagar in Motor Accident Claim Petition Nos.943 of 2006 and 1214 of 2006.

2. Brief facts of the case are as under:

2.1 The incident was took place on dtd. 9/12/05 at 13.45 p.m. on the National High way no. 8 of Himatnagar to Ahmedabad to Ahmedabad in the territory village nearby Dalpur. The claimant of petition no. 943/06 in Maruti Zen No. GJ-9-M-2637 under his ownership andhis wife Krishna and minor daughter Krupa and his mother-in-law Saryuben accompany with him and they move by car from Himatnagar to Vadodara. The aforesaid vehicle was driven by driver Kanubhai Ganeshbhai firgar in correct side in normal speed and he was vigilantly followed the traffic tules and regulations. Meanwhile, from the front direction, opponent No. 1 came with Indica car No. GJ-1-HA-4637 which was under the ownership of opponent No. 2 driven by opponent No. 1 rashly and negligently without following the rules and regulation of traffic and dashed the car of claimant. So, the car of claimant thrown away in road side. The road of accident is existed four lane despite of that the opponent No. 1 negligently driven the Indica car on wrong side track and dashed with the car of claimant. The accident was occurred by gross negligence committed by the opponent No. 1. However, the claimant received various injuries including fracture injury on nose and ribs and his mother-in-law also received the various injuries on the part of her body. The vehicle of opponent No. 1 covered under the risk of insurance policy of opponent No. 3. So, all the opponents jointly and severally liable to pay the compensation. The complaint was lodged by the claimant at Prantij police Station under Ist information No. 116/05 and opponent No. 1 was charge sheeted before the Court. However, both the claimants have filed present First Appeals.

3. Learned advocate for the appellant - claimant has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like pain, shock and suffering, transportation, special diet, medical expenses etc.

3.1 He has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal may be allowed.

4. Per contra, learned advocate for respondent – Insurance Company has submitted that the impugned judgment and award passed by the Tribunal is just and proper and therefore, he prays to dismiss the appeals.

5. Apt to note that the Motor Vehicle Act, 1988 is a beneficial piece of Legislation. The concept of just and fair compensation is integral and seminal to the MV Act. The compensation to be awarded under the principle of just and fair compensation to the injured of the road accident or the legal representative/s of the deceased person is based on the principle of fairness, reasonableness and equability. Anguish of the heart or for mental turbulence being consequential result of the road accident cannot be actually compensated, but the quint essentiality lies in adopting holistic and pragmatic view to the computation of the compensation for the loss sustained, which is to be in the realm of realistic approximation. Although exact or perfect arithmetical calculation of compensation for reparation of the loss arrived from the road accident is almost impossible. The Tribunal is bestowed with duty to make an endevour to award just compensation regardless of the amount claimed by the claimant. The determination of the quantum of compensation therefore, must be liberal and not niggardly since the law values life and limb in a free country in generous scale. Needless to state