The quantum of compensation in a motor vehicle accident case should be assessed taking into consideration various factors such as the age of the deceased and beneficiaries, the income of the deceased, the loss of affection and prospective service, and the uncertainties of life.

R. C. PATNAIK, J.

( 1 ) ONE Sarbeswar Rout, who was travelling in a public service vehicle O. R. D. 1685 owned by the Orissa State Road Transport Corporation, died in an accident that took place on 10-1-1977 around 3,30 P. M. on National Highway No. 42. The Tribunal awarded compensation of Rs. 21,000/ -. Miscellaneous Appeal No. 104 of 1979 is by the owner impugning the decision on the ground that the damages awarded were excessive and Miscellaneous Appeal No. 108 of 1979 is by the claimants seeking enhancement of the damages. The claimants are the parents, grandmother and younger brothers of the deceased.

( 2 ) IT was alleged that the vehicle proceeding on the National Highway No. 42 was being driven rashly and negligently on account of which it went off the road and rolling over twice came to a halt. In the process, the deceased who had been thrown out was crushed and expired at the spot. It was said that the deceased, a young man of 22 years of age, was a highly resourceful person and out of his business activities, he was earning a sum of Rs. 3,500/- and was contributing the amount for the maintenance and well being of the parents, grandmother and younger brothers. It was alleged that he was engaged in various profitable activities and had high prospects for larger income. These benefits were lost to the claimants.

( 3 ) THE owner refuted the allegations and alleged that the vehicle met with the accident not on account of any rash and negligent driving but in course of the driver trying to save the life of a cyclist who suddenly appeared in front of the vehicle.

( 4 ) ON an analysis of the materials the Tribunal held that death of Sarbeswar was due to the rash and negligent driving of the vehicle. It further found that the deceased was 17 years and a half of age at the time of the accident and having regard to the accident and having regard to the facts and circumstances, a sum of Rs. 21,000/- was the entitlement of the claimants as damages.

( 5 ) MR. Manawar, the learned counsel for the owner of the vehicle, endeavoured for a reversal of the finding regarding rashness and negligence. But having regard to the materials the contention has no leg to stand on. Having regard to the facts and circumstances, the application of the principle 'res ipsa loquitur' is apposite. The fact that the vehicle while moving on a national highway went off the road and rolled over twice is presumptive evidence of rash and negligent driving. The burden was on the owner to establish that there was no rashness and negligence. But no material was placed by the owner before the Tribunal by way of examining witnesses or proving documents to substantiate the plea taken in the written statement. The finding of the Tribunal on the question of rashness and negligence cannot, therefore, be faulted.

( 6 ) THE next question is the quantum of compensation to be awarded having regard to the facts and circumstances. The claimants grieve that the amount is low while the owner says that it has been excessive. The learned counsel for the claimants referred me to a large number of authorities and based his contentions on a comparative statement relating to the victim's age at the time of death, his prospects in life, the age of the claimants, the pecuniary loss sustained and the damages awarded. In an exerciser of this nature, many imponderables are to be taken into account and the damages awarded in various cases have, therefore, been rightly not uniform. The Courts have tried their best to reach at the sum which appeared to them to be just in the facts and circumstances. One aspect that should, however, be kept in mind while quantifying the damage is that the legislature advisedly has not prescribed any principle or formula according to which the damage is to be quantified. It has left the quantum to the discretion of the Tribunal; to award such amount as damages which appears to it to be just. It is enough to observe that the word 'just' has been used in