9911796707
TMI Blog2003 (7) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... l Judge (Senior Division) JMFC, Nanjangud, (hereinafter referred to as 'the Tribunal') claiming compensation of ₹ 9.83 lakhs. According to the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (in short 'the Act') the claimant was a Mason by profession. The bus in which he was he was a passenger plunged into a pit by rolling down from a great height, and he sustained injuries and a few persons lost their lives on account of the accident. He was hospitalized for about 7 weeks i.e. days from 5.6.1995 to 23.7.1995. There was fracture of T12 vertebra and consequent damage to nerve system of the whole body below the hips and the body has been functionless. Limbs have become functionless permanently due to failure of nerve system due to accident and he has also lost sexual power. He was earning ₹ 3,000/- per month at the time of accident. It was stated that that he was of good health at the time of accident. Stand of the Corporation in reply to the claim petition was that the accident was not due to rash and negligent driving, but an act of God and that there was no rashness and/or negligence as claimed by the claimant. On consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the claimant submitted that the High Court has considered all the legal and factual factors and has rightly awarded the amount, particularly when disability was 100% and the claimant has become a cripple. Strong reliance was placed on a decision of this Court in Nagesha v. M.S. Krishna and Anr. (1997 (8) SCC 349) to contend that the quantum of compensation awarded was meet and the proper. Rival stands need consideration. The expression act of God signifies the operation of natural forces free from human intervention, such as lightening, storm etc. It may include such unexpected occurrences of nature as severe gale, snowstorms, hurricanes, cyclones, tidal waves and the like. But every unexpected wind and storm does not operate as an excuse from liability, if there is a reasonable possibility of anticipating their happening. An act of God provides no excuse unless it is so unexpected that no reasonable human foresight could be presumed to anticipate the occurrence, having regard to the conditions of time and place known to be prevailing at. For instance, where by experience of a number of years, preventive action can be taken. Lord Westbury defined act of God (dam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be measured by the same rule as damages in an action for a breach. The term 'compensation' as pointed out in the Oxford Dictionary signifies that which is given in recompense, an equivalent rendered; 'damages' on the other hand constitute the sum of money, claimed or adjudged to be paid in compensation for loss or injury sustained. 'Compensation' is a return for a loss or damages sustained. Justice requires that it should be equal in value, although not alike in kind. It is true that perfect compensation is hardly possible and money cannot renew a physique frame that has been battered and shattered, as stated by Lord Merris in West v. Shepard (1964 AC 326). Justice requires that it should be equal in value, although not alike in kind. Object of providing compensation is to place claimant as far as possible in the same position financially as he was before accident. Broadly speaking, in the case of death basis of compensation is loss of pecuniary benefits to the dependants of the deceased which includes pecuniary loss, expenses, etc. and loss to the estate. Object is to mitigate hardship that has been caused to the legal representatives due to sudden demis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mind that compensation for loss of limbs or life can hardly be weighed in golden scales. Bodily injury is nothing but a deprivation which entitles the claimant to damages. The quantum of damages fixed should be in accordance to the injury. An injury may bring about many consequences like loss of earning capacity, loss of mental pleasure and many such consequential losses. A person becomes entitled to damages for the mental and physical loss, his or her life may have been shortened or that he or she cannot enjoy life which has been curtailed because of physical handicap. The normal expectation of life is impaired. But at the same time it has be to be borne in mind that the compensation is not expected to be a wind fall for the victim. Statutory provisions clearly indicate the compensation must be just and it cannot be a bonanza; not a source of profit but the same should not be a pittance. The Courts and Tribunals have a duty to weigh the various factors and quantify the amount of compensation, which should be just. What would be just compensation is a vexed question. There can be no golden rule applicable to all cases for measuring the value of human life or a limb. Measure of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and body on account of the accident throughout his life and a feeling is developed that he is no more a normal man and cannot enjoy the amenities of life as another normal person can. While fixing compensation for pain and suffering as also for loss of amenities of life the features like his age, marital status and unusual deprivation he has undertaken in his life has to be reckoned. Coming to the injuries, mental agony, pains and sufferings it is noted that the claimant was hospitalized for about seven weeks. Therefore, the amount of ₹ 1,00,000/- fixed by the High Court is unreasonable. So far as the loss of earning capacity is concerned, it is noted that the Tribunal had calculated the income at ₹ 12,000/- per annum, and the High Court enhanced it to ₹ 15,000/-. It referred to Schedule (II) to the Act for fixing national income and the multiple. Though multiple of 17 as fixed by the High Court seems to be in order, there is no rational for fixing annual income at ₹ 15,000/-. The Tribunal had taken into account the possibility of non-engagement and the wages claimed. Same appears to be rational. Therefore, the annual income is fixed at ₹ 12,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e only thing binding as an authority upon a subsequent Judge is the principle upon which the case was decided. Statements which are not part of the ratio decidendi are distinguished as obiter dicta and are not authoritative. The task of finding the principle is fraught with difficulty as without an investigation into the facts, it cannot be assumed whether a similar direction must or ought to be made as measure of social justice. Precedents sub silentio and without argument are of no moment. Mere casual expression carry no weight at all. Nor every passing expression of a Judge, however eminent, can be treated as an ex cathedra statement having the weight of authority. The claimant is entitled ₹ 4.5 lakhs as compensation along with interest @ 9% p.a. from the date of application for compensation till payment. Out of the aforesaid sum a sum of ₹ 3.5 lakhs along with entire interest payable shall be deposited in a fixed deposit for not less than five years in a nationalized bank. The claimant will be entitled to draw interest on the deposit, which shall be re-deposited for further terms of five years. In case of urgent need it shall be open to the claimant to move Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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