Rajbir Singh vs Neeru & Ors.

$~R-291
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                         Decided on: 09th October, 2017
+      MAC.APP. 71/2011
       RAJBIR SINGH                                  ..... Appellant
                            Through: Mr. S.N. Parashar, Advocate

                            versus

       NEERU & ORS.                                 ..... Respondents
                            Through: Mr.J.P.N. Shahi and Ms. Komal
                            Dhingra, Advocates for R-3
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA

                        JUDGMENT (ORAL)

1. On his accident claim petition (MACT 18/2010), the Motor Accident Claims Tribunal (Tribunal), by its judgment dated 12.04.2010, which was rectified later on 04.06.2010, granted compensation in favour of the appellant (claimant) in the total sum of Rs.7,17,763/- directing the third respondent (insurer) to pay the same with interest at the rate of 8% p.a. for the injuries and permanent handicap suffered on account of the motor vehicular accident that had occurred on 25.08.2006 involving negligent driving of a truck bearing registration no.HR-38H-9667, admittedly insured against third party risk for the period in question with the said insurer, calculating the amount thus :-

Towards loss of dependency allowance Rs.5,00,775/-

Towards loss of two years salary Rs.79,488/-

Towards Medical bills Rs.2,500/- Towards Special Diet for all four years Rs.25,000/- and for future years Towards conveyance allowance for all Rs.10,000/- four years and for future attendant's conveyance Towards loss of enjoyment of life Rs.50,000/- Towards pain and agony for all years Rs.50,000/-

2. It is pointed out by the appellant who seeks enhancement of compensation by the appeal at hand on the ground that he had suffered amputation of his right lower limb below knee which has rendered him permanently disabled (Ex. PW2/12). The appeal is pressed only to submit that the award under the heads of loss of enjoyment of life and towards pain and agony and the rate of interest levied are inadequate.

3. Given the nature of injuries suffered and the permanent handicap that has resulted therefrom, the grievances are found to be correct. The awards under the above mentioned two heads of damages are increased to Rs.1,50,000/- each thereby raising the award by Rs.2,00,000/- (Rupees Two Lakh).

4. Following the consistent view taken by this Court, the rate of interest is increased to 9% per annum (nine percent) from the date of filing of the petition till realization. [see judgment dated 22.02.2016 MAC Appeal No.71/2011 Page 2 of 3 in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.].

5. The award is modified accordingly. The insurer is directed to satisfy the enhanced award by requisite deposit with the tribunal within 30 days making it available to be released to the claimant.

6. The appeal is disposed of in above terms.

R.K.GAUBA, J.

OCTOBER 09, 2017 yg MAC Appeal No.71/2011 Page 3 of 3