ORAL ORDER

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 , is preferred by the appellant being aggrieved and dissatisfied with the judgment and award dated 6.5.2024 passed by the Motor Accident Claims Tribunal, Anjar in Motor Accident Claim Petition No.1678 of 2015.

2. That on on 02/09/2012, applicant was going to Adipur to Sanghad after completion of work on riding the motorcycle. When he reached at the spot of accident, at that time driver of truck drove his vehicle in rash and negligent manner and dashed with the applicant motorcycle. Thus the accident occurred. As the result of the accident applicant sustained serious injuries. The claimant had filed the present MACP case before the Ld.

Tribunal.

3. Learned advocate for the appellant - claimant has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. She has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like pain, shock and suffering, transportation, special diet, medical expenses etc. 3.1 She has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal may be allowed.

4. Notice is served to the respondent No.3, learned advocate Mr. Tanmay Karia, who is in panel of respondent No.3, submits that he has already informed the respondent No.3 to make arrangement for appearing in the matter. Today, when the matter is called out, there is no appearance for respondent No.3. Hence, it appears that the respondent No.3 is not interested in prosecuting the matter any further.

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 claimant. 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, the award must be reasonable and cannot be assessed with moderation though it cannot at the same time be pity and what could be granted must be just, fair and equitable compensation.

6.1 I have considered the submissions made by the rival parties. I have perused the record and proceedings of the Tribunal. I have gone through the impugned judgment and award passed by the learned Tribunal. From the record, it transpires that the learned Tribunal erred in considerin