The main legal point established in the judgment is the need for realistic recompense and restoration of dignity for the claimant under the Motor Vehicle Act.

JUDGMENT

Archana Puri, J. - Challenge in the present appeal is to the Award dated 06.01.2001 passed by learned Motor Accident Claims Tribunal, whereby, compensation was granted, on the ground of injuries, sustained by the appellant-claimant, in a motor vehicular accident, which took place on 22.02.1997.

2. On appraisal of the evidence adduced, learned Motor Accident Claims Tribunal had awarded compensation to the extent of Rs.1,05,000/-.

3. Being dissatisfied with the extent of compensation, the appellant-claimant has filed the present appeal for seeking enhancement of the compensation.

4. So far as the fact of accident and manner of its taking place as well as liability of the driver, owner and insurer of the offending vehicle to be joint and several are concerned, it is pertinent to mention that no appeal has been filed by the persons, so made liable to challenge the Award and thus, findings so arrived, have attained finality.

5. In this backdrop, learned counsel for the appellant-claimant underscores that the appellant-claimant had suffered 60% disability. His left hand got injured, as a result whereof, he was shifted to Civil Hospital, Rewari and thereafter, he was referred to Safdarjang Hospital, New Delhi. He remained admitted in hospital for 8 days and after that, being an ExArmy personnel, got admitted himself in Army Base Hospital, Delhi Cantt, till 05.06.1997.

6. It is submitted by learned counsel for the appellant-claimant that on account of injuries, so sustained, the appellant-claimant is unable to perform his everyday activities. Considering the restricted movement of his left hand, the compensation, so granted, is miserably on lower side. In fact, no compensation has been granted, on the count of attendant charges.

7. Further, it is submitted by learned counsel for the appellantclaimant that at the time of accident, appellant-claimant was 49 years old and was retired Army man. However, considering his age, he was to join as Security Officer in TATA, which avenue has been closed for him. As such, it is submitted that compensation, so granted, requires extensive enhancement.

8. On the contrary, learned counsel for the insurance company has assiduously refuted the claim of the appellant-claimant. He submits that the compensation granted, cannot be said to be on lower side, affecting his day- to-day life affairs, as so asserted. Rather, it is submitted that the compensation, on the count of disability, has already been worked upon on higher side.

9. The Motor Vehicle Act is in the nature of Social Welfare Legislation and its provisions make it clear that compensation should be justly determined. A person is not only to be compensated for the injuries suffered due to the accident but also for the loss suffered, on account of the injury and his inability to lead the life, he/she led prior to the life altering event. It should always be kept in mind that the measure of compensation must reflect a genuine attempt of the law to restore the dignity of the being. Our yardsticks of compensation, should not be so abysmal, as to lead one to question, whether our law, values human life. If it does, as it must, it must provide a realistic recompense, for the pain of loss and the trauma of suffering. Awards of compensation are not law's doles. In a discourse of rights, they constitute entitlements under law. Thus, the Courts should, as such, strive to provide a realistic recompense, having regard to the realities of life, both in terms of assessment of the extent of disability and its impact, including the income generating capacity of the claimant and not only that, even the impact of the accident on his/her life, on account of the disability, so suffered. The Courts should be mindful of the fact that though, the physical disability may be on the lesser count, but the functional disability, on account of injury sustained, can always