The court emphasized that the Motor Vehicles Act mandates just and fair compensation, requiring a holistic approach to calculating damages for road accident victims.

ORDER :

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant – Insurance Company being aggrieved and dissatisfied with the judgment and award dated 18.03.2011 passed by the Motor Accident Claims Tribunal, Ahmedabad in Motor Accident Claim Petition No.937 of 2000. The claimants have filed cross-objections in the first appeal.

2. Brief facts of the case are as under:

2.1 On 07.09.2000, at about 3.00 hours, the claimant was going on his Kinetic Honda No.GJ-1-C-4002 near Gujarat College road and when he reached near the place of accident, one Scooter No.GJ-1-BR-8728 which was driven by its driver in rash and negligent manner and dashed with the vehicle of the claimant and thereby, the claimant received serious injuries.

3. Learned advocate for the appellant – Insurance Company has submitted that the Tribunal has committed an error as learned Tribunal has arrived at a finding that the driver of offending vehicle was not having driving licence and in spite of that learned Tribunal has held that appellant would be liable to pay compensation to the claimant and recover the same from the owner of the offending vehicle. He would further submit that learned Tribunal in reasoning part of the judgment believed that there is a breach of the terms and conditions of the policy but in operative part it has added that if there is breach of terms and conditions of the policy, the Insurance Company would be entitled to recover the amount of compensation. He, therefore, submits that this appeal may be allowed and necessary orders may be passed.

4. On the other hand, learned advocate for the claimants has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. She 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. She has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal may be allowed.

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 that money may be awarded, so that something tangible may be procured to reach something else of the like nature, which has been destroyed or lost, but money cannot renew physical frame that has been battered and shattered being a result of the road accident. Yet Tribunal to endavour to bring back victim to stage of pre-road accident as far as possible Thus, the award must be reasonable and cannot be assessed with moderation though it cannot at the same time be pity and what could be granted must be just, fair and equitable compensation.

6.1 I have considered the submissions made by the rival parties. I have perused the record and proceedings of the Tribunal. I have gone through the impugned