The court established that proper assessment of compensation for accidents requires reliable evidence of income and that the damages awarded must be fair, just, and reflective of the claimant's loss.

JUDGMENT

The appellant is the claimant in O.P(MV)No.623 of 2007 on the file of the 1st Additional Motor Accidents Claims Tribunal, Kollam, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 , claiming compensation on account of the injuries sustained by him in a motor accident, which occurred on 08.01.2007, while he was travelling on a motorcycle bearing registration No.KL-2Z-4857, as a pillion rider. At the place of accident, the motorcycle was hit by a three wheeler goods vehicle bearing registration No. KL/2H- 2373, owned by the 1st respondent, driven by the 2nd respondent and insured with the 3rd respondent. In the accident, he sustained injuries. Alleging that the accident occurred due to the rash and negligent driving of the goods vehicle by the 2nd respondent driver, claim petition was filed before the Tribunal claiming a total compensation of Rs.10,00,000/-, under various heads. In the claim petition, the appellant claimed that, at the time of accident, he was working as Supervisor at Baghlaf Al-Zafer Factory Limited, Saudi Arabia, earning a monthly income of Rs.25,000/-.

2. Before the Tribunal, the 1st respondent owner did not file any written statement. The 2nd respondent driver remained absent and he was set ex parte. The 3rd respondent insurer filed written statement admitting insurance coverage of the offending vehicle; however, denying negligence alleged against the 2nd respondent driver. The insurer alleged negligence on the rider of the motorcycle on which the appellant was travelling as a pillion rider.

3. Before the Tribunal, Exts.A1 to A26 were marked on the side of the appellant/claimant. He was examined as PW1. The document marked as Ext.B2 is the copy of the driving licence of the 2nd respondent. The document marked as Ext.C1 is the disability certificate issued by the District Medical Board, Kollam assessing the permanent disability of the appellant as 35%.

4. After considering the pleadings and materials on record, the Tribunal arrived at a conclusion that the accident occurred due to the rash and negligent driving of the offending vehicle by the 2nd respondent driver. Since insurance coverage of the said vehicle was not in dispute, the insurer was held liable to indemnify the insured. Under various heads, the Tribunal awarded a total compensation of Rs.6,86,772/-, together with interest at the rate of 8% per annum from the date of petition, i.e., 04.05.2007 till realisation, together with proportionate cost and the insurer was directed to satisfy the award.

5. Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant/claimant is before this Court in this appeal.

6. Heard the learned counsel for the appellant/

claimant and also the learned Standing Counsel for the 3rd respondent insurer.

7. The issue that arises for consideration in this appeal is as to whether the appellant is entitled for enhancement of the compensation awarded by the Tribunal under various heads.

8. InState of Haryana v. Jasbir Kaur [(2003)7 SCC 484] the Apex Court held that the Tribunal under Section 168 of the Motor Vehicles Act, 1988 is required to make an award determining the amount of compensation which is to be in the real sense 'damages' which in turn appears to it to be 'just and reasonable'. It has to be borne in mind that compensation for loss of limbs or life can hardly be weighed in golden scales. But at the same time it has be to be borne in mind that the compensation is not expected to be a windfall for the victim. Statutory provisions clearly indicate that the compensation must be 'just' and it cannot be a bonanza; not a source of profit; but the same should not be a pittance.

9. InNational Insurance Company Ltd. v. Pranay Sethi [ (2017) 16 SCC 680 ] a Constitution Bench of the Apex Court held that, Section 168 of the Motor Vehicles Act, 1988 deals with the concept of 'just compensation' and the same has to be determined on the foundation of fairness, reasonableness and equitab