Asha Rani Dhingra vs Sanjiv Verma & Ors.

Citation : 2009 Latest Caselaw 2733 Del
Judgement Date : 20 July, 2009

Delhi High Court
Asha Rani Dhingra vs Sanjiv Verma & Ors. on 20 July, 2009
Author: J.R. Midha
16
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       MAC.APP.No.451/2004

                                      Date of Decision: 20th July, 2009
%

      ASHA RANI DHINGRA                ..... Appellant
                    Through : Mr. S.N. Kalra, Adv.


                       versus

      SANJIV VERMA & ORS.            ..... Respondents
                    Through : Mr. Pankaj Seth, Adv.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may                     Yes
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?                    Yes

3.      Whether the judgment should be                            Yes
        reported in the Digest?


                           JUDGMENT (Oral)

1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.62,085/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.

2. The accident dated 28th June, 1998 resulted in grievous injuries to the appellant. The appellant suffered fracture of four ribs in respect of which the learned Tribunal awarded Rs.62,085/- to the appellant. Rs.15,000/- has been awarded towards grievous injuries, Rs.15,000/- towards medical expenses, Rs.15,000/- towards pain and suffering, Rs.5,000/- MAC .APP.No.451/2004 Page 1 of 2 towards special diet, Rs.5,000/- towards conveyance charges and Rs.7,083/- towards loss of income.

3. Considering the facts and circumstances of this case, especially fracture of four ribs, the compensation towards pain and suffering is enhanced from Rs.15,000/- to Rs.27,915/-.

4. The appeal is allowed and the compensation is enhanced from Rs.62,085/- to Rs.75,000/- along with interest @6% per annum.

5. The enhanced amount along with interest be deposited by respondent No.4 with the learned Tribunal within 30 days. Upon such deposit being made, the learned Tribunal is directed to release the same to the appellant without any restriction of fixed deposit.

6. Copy of this order be given 'Dasti' to learned counsel for the parties under the signature of Court Master.

J.R. MIDHA, J JULY 20, 2009 aj MAC .APP.No.451/2004 Page 2 of 2