The main legal point established in the judgment is the determination of just compensation under the Motor Vehicle Act, 1988, and the consideration of various aspects such as disability, future loss of income, and pain and suffering in personal injury cases.

JUDGMENT :

Ajai Tyagi, J.

1. Heard Mohd. Asim Zulfiquar, learned counsel for the appellant; Shri Rajeev Ojha, learned counsel for the Insurance Company - respondents; and perused the record.

2. This appeal, at the behest of the claimants, challenges the judgment and order dated 05.09.2012 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.9, Moradabad (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.222 of 2009 awarding a sum of Rs.62,624/- with interest at the rate of 6% p.a. as compensation.

3. The brief facts as culled out from the record are that this claim petition is filed by the appellant/claimant for seeking compensation for injuries sustained by him in a road accident. Averments in claim petition are that on 28.9.2008 at 08.00 a.m., appellant was going from his Village Mundhapandey to Moradabad for the work of mason. When he alighted from the bus at Gulababadi, a Motorcycle bearing No.UP 21 G 7562 came from behind which was being driven rashly and negligently by its driver and hit the appellant. Appellant sustained serious injuries and he was admitted in District Hospital. Next day, he was shifted to Shreya Hospital, Moradabad. The appellant regained consciousness after 12 days. It is also averred in petition that the appellant sustained serious head injury due to which he became incapable for feeding his family. Respondents filed their respective written statements and opposed the facts mentioned in claim petition.

4. The accident is not in dispute, the liability of owner/insurance company to pay the compensation is also not disputed. The finding regarding negligence has attained finality. So now it is the dispute of quantum of compensation which is left to be decided in this appeal.

5. Learned counsel for the appellant submitted that learned tribunal has awarded compensation regarding some of the medical bills only. It is also submitted that due to the accident, the appellant sustained serious head injury for which grafting was done on his head and face due to which he was medically declared as 45% disabled. His face and head were also disfigured, but learned tribunal has not considered the disability and did not award even a single penny for disablement. It is next submitted that learned tribunal has also not awarded any sum for future loss of income because due to injuries sustained in accident, the appellant is not able to work as before. It is further submitted that even the learned tribunal has not awarded any sum for pain and suffering.

6. Learned counsel for Insurance Company vehemently objected the submissions made by appellant and further submitted that learned tribunal has considered each and every aspect while awarding compensation and has awarded just compensation. Hence, the impugned judgment does not call for any interference by this Court.

7. We have perused the record and impugned judgment and find that learned tribunal has not followed the contours of just compensation in this matter.

8. Before computation of compensation, it is worth mentioning that the principles regarding the determination of just compensation, contemplated under the Motor Vehicle Act, 1988 (hereinafter referred to as ''MV Act') are well settled. Injuries caused deprivation to the body, which entitles the claimant to claim damages. It is impossible to compensate human sufferings and personal deprivation with money. However, this is what the MV Act enjoins upon the courts to do. The Court has to make a judicious attempt to award damages so that the claimant or the victim may be compensated for the loss suffered by him. The damages may vary according to the gravity of the injuries sustained by the claimant in an accident. On account of injury, the claimant may suffer consequential loss such as loss of earnings as well as future earnings, medical expenditure, special diet and attendant