AIR 1995 SUPREME COURT 755 ::1995 AIR SCW 243 ::1996 BomCJ 1 58 ::(1995) 1 ACC 281 ::(1995) 2 CivilCourtC 37 ::1995 (1) SCC 551 ::1995 SCC (Cri) 250 ::(1995) 1 ACJ 366 ::(1995) 1 TAC 557 ::(1995) 1 All WC 39 ::(1995) 25 All LR 170 ::(1995) 1 Mad LJ 72 ::(1995) 2 Pun LR 298 ::(1995) 1 SCR 75 (SC) ::(1995) SC Cr R 366 ::(1995) 1 JT 304 (SC)

Supreme Court Of India

Hon'ble Judge(s): A. M. Ahmadi, N. P. Singh , JJ

(A) Motor Vehicles Act (4 of 1939) , S.110B— Accident - Compensation - Pecuniary and non-pecuniary damages- What constitute While fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which is capable of being calculated in terms of money; whereas non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. In order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant: (i) medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss. So far non-pecuniary damages are concerned, they may include: (i) damages for mental and physical shock, pain suffering, already suffered or likely to be suffered in future; (ii) damages to compensate for the loss of amenities of life which may include a variety of matters, i.e., on account of injury the claimant may not be able to walk, run or sit; (iii) damages for the loss of expectation of life, i.e., on account of injury the normal longevity of the person concerned is shortened; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life.(Para 9) ....