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Judgment
P.D. Dinakaran, J.—The above appeal is directed against the judgment and decree dated 01.07.2003 made in M.C.O.P. No. 1052/1998
on the file of the Motor Accidents Claims Tribunal, First Additional District Judge, Salem, whereby the Tribunal has allowed the claim petition and
awarded a sum of Rs. 5,02,000/- as compensation for the death of the deceased Ragunathan in a motor accident said to have taken place on
04.07.1998 at 6.30 p.m.
According to the respondents/claimants, who are wife, father and mother of the deceased on 04.07.1998 at 6.30 p.m., when the deceased was
riding the motor cycle bearing Registration No.TN-27-J-9861 from Sankari to Salem, the bus bearing Registration No.TN-27-N-1041, belonging
to the appellant transport corporation, came in a rash and negligent manner dashed against the motorcycle, as a result of which, the deceased died
on the spot.
A claim petition in M.C.O.P. No. 1052 of 1998 was filed by the respondents/claimants, claiming a compensation of Rs. 10,00,000/- (Rupees
ten lakhs only), for the death of the deceased, which was resisted by the appellant transport Corporation on the ground that when the deceased
attempted to overtake the lorry, lost his control and dashed against the front side of the bus. Hence, the deceased alone is responsible for the
accident and accordingly, the claim petition is liable to be dismissed.
The tribunal, after framing the issues, decided the claim petition in favour of the claimants in terms of the impugned judgment. The tribunal held
that the accident in question had occurred only due to the rash and negligent driving of the bus by its driver and as a result of the same, the
deceased died. The tribunal also held that the claimants are entitled to the compensation for the death of the deceased and determined a sum of Rs.
5,02,000/- as the amount due to the claimants under the following heads.
Loss of income :: Rs. 4,32,000/-
Loss of consortium :: Rs. 50,000/-
Loss of love and affection :: Rs. 20,000/-
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Rs. 5,02,000/-
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Learned counsel for the appellant after taking us through the award of the Tribunal and all other materials placed before the Court would submit
that the amount of Rs. 50,000/- awarded towards loss of consortium is on the higher side.
The object of awarding damages is to give the claimant/s the compensation for damage, loss or injury suffered. The elements of damage
recognised by law are divisible into two main groups: pecuniary and non-pecuniary. While the pecuniary loss is capable of being arithmetically
worked out, the non-pecuniary loss is not so calculable. Non-pecuniary loss is compensated in terms of money and it is the best that a court can
do. Any body cannot suggest that you can by arithmetical calculation establish what is the exact sum of money which would represent such a thing
as the loss of consortium, which a person has suffered by reason of an accident.
On the facts of the present case, the deceased was a young man aged 27 years and the widow is aged about 21 years at the time of the
accident. It is seen from the evidence that the marriage between the deceased and the first claimant was solemnized one month before the accident.
Hence, in our considered opinion, the amount of Rs. 50,000/- awarded towards loss of consortium by no stretch of imagination could be regarded
as exorbitant. Therefore, the discretion exercised by the Tribunal in awarding a sum of Rs. 50,000/- towards loss of consortium would not call for
any modification or interference.
For the reasons recorded above, this appeal fails and the same is dismissed. No costs. Consequently, C.M.P. No. 6618 of 2005 is also
dismissed.