The court emphasized the principle of just and fair compensation under the Motor Vehicles Act, mandating a holistic approach to calculating damages, including future prospects and medical expenses.

ORDER :

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 27.3.2006 passed by the Motor Accident Claims Tribunal, Mehsana in Motor Accident Claim Petition No.741 of 2002.

2. Brief facts of the case are as under:

2.1 On 19.2.2002, when the claimant was going as pillion rider on the motorcycle, the offending vehicle dashed with the motorcycle and thereby, the claimant received serious injuries.

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. He would further submit that the learned Tribunal has taken Rs.1800/- as monthly income of the claimant. However, the claimant was engaged in the business of milk and also doing agricultural activities and for that 7/12 abstract has been produced on record. He would further submit that though the claimant has produced medical bills of Rs.92,781/-, the learned Tribunal has erred in not considering the same on the ground that the same are not exhibited.

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. As the insurance company was not represented by any advocate, on 14.10.2024, learned advocate Mr. Dakshesh Mehta, who is panel advocate of National Insurance Company Limited submitted that by next date, necessary arrangements will be made to represent the insurance company. Today, learned advocate Mr. Mehta submits that despite two emails were sent, the insurance company did not turn up and thus, none one represents the insurance company.

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 pro