The assessment of compensation in motor accident claims should consider pecuniary and non-pecuniary damages, loss of earning capacity, and future medical expenses, in accordance with the Motor Vehicles Act, 1988 and relevant case law.

JUDGMENT :

KAILASH PRASAD DEO, J.

1. Heard, learned counsel for the parties.

2. Learned counsel for the appellant, Mr. Arvind Kumar Lall has submitted that claimant/injured (Ahrar Alam @ Ehrar Ansari) has preferred this appeal for enhancement of the award dated 15.04.2019, passed by learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi, in Motor Accident Claim Case No. 132 of 2013 whereby the injured (Ahrar Alam @ Ehrar Ansari) has been awarded compensation to the tune of Rs. 1,93,669/- along with interest @ 9% per annum from the date of award till its realization. The learned Tribunal has considered 40% ‘Partial Permanent Disablement’ in his right lower limb due to ‘Post Traumatic Stiffness’ as 20% loss of earning capacity of the applicant/claimant/appellant, who was a whole seller of vegetables.

3. Learned counsel for the appellant, Mr. Arvind Kumar Lall has submitted that on 25.06.2011 at abut 9.30 A.M. injured/appellant, namely, Ahrar Alam @ Ehrar Ansari was going on a motorcycle bearing registration No. JH-01-AD-4473 as a pillion rider. The offending Mantri Bus bearing registration No. JH-01-AA-9291 coming from opposite direction driven rashly and negligently dashed against a Figo Car bearing registration No. JH-01-AQ-8778 and in same continuation it also dashed against the injured applicant riding the motorcycle. The case was instituted as Bero P.S. Case No. 49 of 2011 dated 25.06.2011 against the offending bus bearing registration No. JH-01AA-9291, for the offence under Sections 279, 337 and 338 IPC and after investigation, police has submitted charge-sheet against the driver namely, Kishore Kumar Keshari of the aforesaid bus vide charge-sheet no. 62 of 2011 dated 21.08.2011.

4. Learned counsel for the appellant, Mr. Arvind Kumar Lall has further submitted that Rs. 3.5 lacs is expected for future treatment as the injured has to undergo further surgery to remove the steel rod from his femur, which has not been awarded by the learned Tribunal though, in view of the judgment passed by the Apex Court in the case of Raj Kumar vs. Ajay Kumar, 2011 (1) SCC 343, at Paras 5 to 23, the same may profitably be quoted hereunder the same is applicable:

“5. The provision of the Motor Vehicles Act, 1988 (“the Act” for short) makes it clear that the award must be just, which means that compensation should, to the extent possible, fully and adequately restore the claimant to the position prior to the accident. The object of awarding damages is to make good the loss suffered as a result of wrong done as far as money can do so, in a fair, reasonable and equitable manner. The court or the Tribunal shall have to assess the damages objectively and exclude from consideration any speculation or fancy, though some conjecture with reference to the nature of disability and its consequences, is inevitable. A person is not only to be compensated for the physical injury, but also for the loss which he suffered as a result of such injury. This means that he is to be compensated for his inability to lead a full life, his inability to enjoy those normal amenities which he would have enjoyed but for the injuries, and his inability to earn as much as he used to earn or could have earned.

6. The heads under which compensation is awarded in personal injury cases are the following:

Pecuniary damages (Special damages)

(i) Expenses relating to treatment, hospitalisation, medicines, transportation, nourishing food, and miscellaneous expenditure.

(ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising:

(a) Loss of earning during the period of treatment.

(b) Loss of future earnings on account of permanent disability.

(iii) Future medical expenses.

Non-pecuniary damages (General damages)

(iv) Damages for pain, suffering and trauma as a consequence of the injuries.

(v) Loss of amenities (and/or loss of