Held, High Court and the Tribunal while assessing compensation in the accident cases must take a reasonably compassionate view of things and must realise that there is a distinction between compensation and damage . It cannot be disputed that the Appellant being a painter has to earn his livelihood by virtue of physical work. The nature of injuries which he admittedly suffered, and about which the evidence of PW-2 was quite adequate, amply demonstrates that carrying those injuries he is bound to suffer loss of earning capacity as a painter and a consequential loss of income is the natural outcome. Compensation is comprehensive and may include a claim for damage . Thus, in the matter of computation of compensation, the approach will be slightly more broad based than what is done in the matter of assessment of damage. Therefore, grants a lump sum of Rupees Two Lacs by way of compensation plus 8 per cent interest as granted by the High Court.
