Consider ‘pain, suffering’ in accident compensations: hc
In cases of accidents, damages in the form of pain and suffering as a result of injuries borne by the victim should also be considered while paying compensation, held the Bombay high court recently.
Justice A.P. Bhangale was hearing the plea of 59-year-old Laxman Pande who had questioned the validity and legality of the judgment dated October 10,1998 passed by the Motor Accident Claims Tribunal of Nashik, whereby the tribunal awarded compensation in the sum of `1,16,100.
According to Mr Pande, on October 4, 1992, he was returning from Satpur on his scooter when a jeep came from opposite direction at a high speed and collided with his vehicle. Due to the impact, he fell and sustained injuries, resulting in his permanent disability to the extent of 55 per cent, he stated.
The applicant had then claimed non-pecuniary damages in the sum of `25,000 and sum of `50,000 for suffering permanent disability of 55 per cent, and `12,000 for damages to his scooter.
He also stated that prior to the accident, he was a skilled labourer at Ceat Tyre Company in Nashik and was earning `4,000 per month. Therefore, he had stated that the accident had changed not only his job as a skilled labourer, but he had also suffered physically and mentally. Considering all these facts, his counsel submitted that the tribunal ought to have awarded `4,19,100, however, the tribunal only offered `1,16,100.
“Claim in the sum of `4,19,000 made on behalf of the claimant was just and proper and ought to have been awarded inclusive of pecuniary as well as non-pecuniary damages as referred to above. Non-pecuniary damages in the form of damage for pain, suffering and trauma… are also required to be considered,” ruled Justice Bhangale.
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