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TMI Blog2003 (7) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 Rs. 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 of the materials on record and the evidence of witnesses examined, the Tribunal awarded compensation of Rs. 2.20 lakhs. It was stipulated that the amount be paid with interest @ 6% p.a. from 28.12.1999, i.e. the date when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 (damnum fatale in Scotch Laws) as an occurrence which no human foresight can provide against and of which human prudence is not bound to recognize the possibility. This appears to be the nearest approach to the true meaning of act of God. Lord Blancaburgh spoke of it as "an irresistible and unsearchable providence nullifying are human effort". The term 'compensation' as stated 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, the value estimated in money, of something lost or withheld. The term &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice 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 demise of the deceased in the accident. Compensation awarded should not be inadequate and should neither be unreasonable, excessive, nor deficient. There can be no exact uniform rule for measuring value of human life and measure of damage cannot be arrived at by precise mathematical calculation; but amount recoverable depends on broad facts and circumstances of each case. It should neither be punitive against whom claim is decreed nor it should be a source of profit of the person in whose favour it is awarded. Upjohn L.J. in Charter House Credit v. Jolly (1963) 2 CB 683) remarked, 'the assessment of damages has never been an exact science; it is essentially practical'. The damages fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected 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 damages cannot be arrived at by precise mathematical calculations. It would depend upon the particular facts and circumstances, and attending peculiar or special features, if any. Every method or mode adopted for assessing compensation has to be considered in the background of "just" compensation which is the pivotal consideration. Though by use of the expression "which appears to it to be just" a wide discretion is vested on the Tribunal, the determination has to be rational, to be done by a judicious approach and not the outcome of whims, wild guesses and arbitrariness. The expression "just" denotes equitability, fairness and reasonableness, and non- arbitrary. If it is not so it cannot be jus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 12,000/- per annum, and the High Court enhanced it to Rs. 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 Rs. 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 Rs. 12,000/-. Applying the multiple of 17 the loss of future income is fixed at Rs. 2,04,000/-instead of Rs. 2,55,000/- as fixed by the Tribunal. Coming to the loss of marital life and the non- possibility of marriage, the Tribunal had indicated basis for fixing the quantum at Rs. 75,000/-. Without any basis being indicated, the High Court fixed at Rs. 1.5 lakhs by referring to the case of R.D. Hattangadi (supra). The special features of that case are non-existent in the case at hand. The injured in that case was an advocate who was married. In the case at hand the claimant is a bachelor. Several other factors were considered in the earlier case to fix the quantum. Therefore, the amount awarded by the Tribunal is restored. So far as fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e date of application for compensation till payment. Out of the aforesaid sum a sum of Rs. 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 Tribunal for release of any part of the amount in deposit. The Tribunal shall consider the request for withdrawal and shall direct withdrawal in case of an urgent need and not otherwise of such sum as would meet the need. It shall be specifically indicated to the Bank where the deposit is to be made that no advance or withdrawal of any kind shall be permitted without the order of the Tribunal. It shall be open to the claimant to approach the Tribunal for variance of the order relating to deposit in fixed deposit, if any other scheme would fetch better returns and also would provide regular and permanent income. The amount awarded along with interest shall be deposited within period of four weeks from today after adjusting any amount already deposited. The deposits shall be m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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