2 to 4
*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 28th May, 2009
%
+ MAC.APP. 117/2009
HAV RAMPHAL ..... Appellant
Through : Mr. H.S. Gautam, Adv.
versus
HARISH CHANDER & ORS ..... Respondents
Through : None.
+ MAC.APP. 148/2009
JYOTI ..... Appellant
Through : Mr. H.S. Gautam, Adv.
versus
HARISH CHANDER & ORS. ..... Respondents
Through : None.
+ MAC.APP. 149/2009
BIMLA ..... Appellant
Through : Mr. H.S. Gautam, Adv.
versus
HARISH CHANDER & ORS. ..... Respondents
Through : None.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may
be allowed to see the Judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be
reported in the Digest?
MAC .APP.No.117/2009, MAC.APP.No.148/2009 & MAC.APP.No.149/2009 Page 1 of 3
JUDGMENT (Oral)
1. The appellants have challenged the common award of the learned Tribunal whereby three claim petitions were decided by a common award.
2. The accident dated 2nd June, 2000 resulted in injuries to the claimants. The claimant in MAC.APP.No.117/2009 is the husband, claimant in MAC.APP.No.149/2009 is the wife and claimant in MAC.APP.No.148/2009 is the daughter who were travelling in their Maruti Car near Brar Square, Naraina, New Delhi when they were hit by truck bearing No.DIL-1761 resulting in injuries to the claimants who filed three separate claim petitions before the learned Tribunal seeking compensation for the injuries suffered.
3. With respect to the injuries suffered by the claimant in MAC.APP.No.117/2009, the learned Tribunal has awarded compensation of Rs.5,000/- considering that the appellant did not submit any proof of the injuries. No MLC was placed on record. No proof of the treatment taken or payment towards treatment was placed on record. No material has been placed on record even before this Court. The learned Tribunal has awarded Rs.5,000/- considering the nature of the accident and the inconvenience suffered by the appellant. There is no infirmity in the award of the learned Tribunal.
4. With respect to the claimant in MAC.APP.No.149/2009, MAC .APP.No.117/2009, MAC.APP.No.148/2009 & MAC.APP.No.149/2009 Page 2 of 3 the appellant has placed on record the prescription of the treatment taken in January, 2005 whereas the accident occurred on 2nd June, 2000. No prescription has been placed on record either before the learned Trial Court or before this Court as to the treatment taken in June, 2000. There is no link between the treatment taken in January, 2005 and the injuries suffered by the appellant in the accident in June, 2000. The MLC - Ex-PW1/C does not show any head injuries. However, considering that the appellant did suffer an accident and some injuries arose out of the accident, the learned Tribunal awarded Rs.20,000/- towards the pain and suffering, medical treatment, special diet and conveyance.
5. With respect to the claimant in MAC.APP.No.148/2009, the learned Tribunal has awarded Rs.10,000/- considering that she suffered simple injuries for which she was admitted in the hospital but no proof of expenses has been placed on record.
6. Considering the evidence on record, the award passed by the learned Tribunal in aforesaid three cases is just, fair and reasonable.
7. The appeals are, therefore, dismissed.
J.R. MIDHA, J MAY 28, 2009 mk MAC .APP.No.117/2009, MAC.APP.No.148/2009 & MAC.APP.No.149/2009 Page 3 of 3