The court emphasized the principle of just and fair compensation under the Motor Vehicles Act, correcting the Tribunal's negligence assessment and enhancing the compensation based on minimum wage and future prospects.

ORDER :

J. C. Doshi, J.

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 , is preferred by the appellants – original claimants being aggrieved and dissatisfied with the judgment and award dated 25.09.2017 passed by the Motor Accident Claims Tribunal, Palanpur in Motor Accident Claim Petition No.68 of 2016.

2. Brief facts of the case are as under:

2.1 The brief fact of the present appeal is such that on 08.12.2016, when deceased Pravinbhai was travelling as pillion rider on motorcycle No.GJ-6-DL-4888 from Tharad to Khimana and when he reached near the place of accident, opponent No.1 came driving jeep vehicle No.GJ-13-B-9121 and dashed with the motorcycle and upon occurrence of the accident, deceased sustained fatal injuries and later on died.

3. Learned advocate for the appellants - claimants has submitted that there is no evidence on record the deceased was riding the motorcycle at the time of accident. Secondly, the learned Tribunal has assessed the compensation on lower side. He would further submit that since learned Tribunal erred in believing that deceased Pravinbhai was riding the motorcycle at the time of accident, it jumped to the conclusion to assess 50% self negligence of deceased and erroneously deducted 50% amount towards self negligence of the deceased. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like prospective income of the deceased, negligence, liability and family circumstances, 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. Whereas learned advocate Mr.Palak Thakkar for the Insurance Company would submit that even if it is believed that motorcycle was ridden by one Narsangbhai Harijan, his negligency in riding the motorcycle at the time of road accident is to be assessed and Insurance Company who is held liable to pay the compensation may be permitted to recover the amount excess than the amount of compensation the Insurance Company has paid. In view of above submissions, he submits to pass necessary order.

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 claimants. 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,