Sanjay Sharma vs Sh. Bhairon Singh And Ors.
2004 Latest Caselaw 826 Del

JUDGMENT

R.S. Sodhi, J.

1. This appeal is directed against the judgment dated 10.4.2003 of the Motor Accident Claims Tribunal, Delhi in Suit No. 149/95 whereby the learned Tribunal has awarded a sum of Rs.71,500/- to the appellant together with interest of 9% per annum from the date of filing of the petition till realization.

2. Brief facts of the case as noted by the Judge, MACT are as follows:-

"....on 18.3.1995, petitioner was coming from his residence to Springdales School on his motor cycle (Yamaha RX) 100 bearing registration No. DL-ISA-6543. He was driving his motor cycle at a very slow speed on extreme left side of the road by observing traffic rules. When he reached near Nath Medicos, Petrol Pump, middle circle, Connaught Place a Mercedes Car bearing registration No. DAQ 2227 which was being driven by its driver in a rash and negligent manner without blowing any horn came from outer circle Connaught Place and hit his motor cycle from behind. The accident caused such forceful impact that he sustained grievous injuries, abrasions and wounds all over his body. He was taken to Ram Manohar Lohia Hospital by a PCR Van in an unconscious state, and from there, to Taneja Hospital where he remained admitted till 24.3.1995.

It is stated that the petitioner besides other injuries suffered fracture of left scapula and his two ribs were broken. He also suffered left side traumatic hemopneum thorax and right side pneumothorax. He incurred an expense of Rs.20,000/- on his treatment at Taneja Hospital and Heart Institute. It is further stated that even after his discharge from the Hospital he remained confined to bed for three months. As such, he could not attend to his profession resulting in loss of income. It is also stated that he was a skating coach in Springdales School, Pusa Road, and he himself also participated in International Skating at National and International level."

3. It is contended by the appellant who appears in person that the award is insufficient inasmuch as the Tribunal has not taken into consideration the fact that the appellant was a national level coach in skating and has participated in various national and international competitions which he will not be able to do now. He also submits that the amount awarded towards pain and suffering is meager as also the amount awarded towards general damages is less.

4. Counsel for the Insurance Co. submits that as per the evidence on record the Tribunal has taken into consideration the income as also loss of hobby, pain and suffering and general damages and has correctly arrived at the awarded amount.

5. Heard the appellant in person as also counsel for the Insurance Company. With their assistance I have gone through the record of the case, in particular, the judgment under challenge. I find that although the Tribunal has taken into consideration various heads under which it has awarded sums of money yet under the head loss of hobby, the amount awarded is only Rs.10,000/- which to my mind is insufficient. The appellant was a national level skater and has been representing the country in various national and international Fora which he will not be able to do as a result of the accident. I, therefore, consider it appropriate to increase this amount to Rs.25,000/-. As regards pain and suffering, indeed this also is on the lesser side. Looking at the nature of injuries he had suffered on account of the accident, I award him a sum of Rs.20,000/-. As regards general damages which includes special diet, conveyance etc. I deem it appropriate and in the interest of justice that the same be awarded at Rs.30,000/-, thereby increasing the amount of the award by 40,000/-. It is ordered accordingly. The additional amount be paid along with interest of 9% from the date of this order. The amount as awarded will be paid by the Insurance Company.

6. With this FAO 452/2003 is disposed of.