Sh. Madhu Sudan Sharma vs Bhagwan Das And Ors.
2004 Latest Caselaw 1264 Del

JUDGMENT

R.S. Sodhi, J.

1. This appeal is directed against the Award dated 17.11.1987 of the Motor Accident Claims Tribunal, Shahdara in Suit No.345/74, whereby the learned Tribunal vide its award dated 17.11.1997 has awarded a sum of Rs.70,000/- together with interest of 12% from the date of filing of the claim till realization of the amount from the Insurance Company.

2. Brief facts of the case as noted by the Motor Accident Claims Tribunal are as follows:-

''Sh.Madhu Sudan Sharma and Smt.Prem Sharma have preferred these two claim petitions against Sh.Bhagwan Dass, driver, Sita Ram, owner of the vehicle and New India Assurance Co., insured of vehicle No.DLP 4780. These two cases have been consolidated vide orders dated 6.12.77. In the claim petition filed by Sh.Madhu Sudan Sharma a sum of Rs.1,00,000/- has been claimed as compensation on account of the injuries sustained by him and in the second claim petition filed by Smt.Prem Sharma a sum of Rs.25,000/- as been claimed as compensation for the injuries sustained by her. According to the petitioner Madhu Sudan Sharma, he was going on his scooter No.DHQ 8168 on 25.2.74 at about 9.15 a.m. at the Yamuna Pushta near Cremation ground Geeta Colony, Delhi and is wife Smt. Prem sharma was sitting on the back seat of the scooter driven by him when bus No. DLP 4780 came from the opposite direction dashed against the scooter of the petitioner, as a result of which the scooter was considerably smashed and the petitioners received serious injuries ad petitioner Madhu Sudan Sharma received compound fractures on various parts of his body. He was removed to the hospital, where he remained as indoor patient for 4 + months. He was unconcious for two weeks. He claimed Rs.2000/- for repairs of the scooter and remaining amount for his treatment, pain and sufferings. According to the petitioner the offending vehicle first hit a cycle which was carrying a basket full of eggs on the carrier of his cycle and then the off ending vehicle dashed against the scooter and thereafter struck against an electric pole which was also damaged and broken. According to the petitioner the bus was being driven by the respondents in a rash and negligent manner at a high speed, which resulted in the accident.''

3. It is contended by counsel for the appellant that the amount awarded towards pain and suffering and permanent disability is on the lower side and that the claimant who had been hospitalized for over a year, incurred considerable expenses as also suffered considerable pain and harassment, ought to have been compensated by awarding a higher amount.

4. Counsel for the Insurance Company, on the other hand contends that the award has taken every aspect into consideration and there is no scope for enhancing the same under any head.

5. Heard counsel and perused the judgment under challenge as also gone through the material on record. It appears to me that the claimant has suffered multiple injuries which necessitated his hospitalization for over a year. He even suffered bone infection which must have caused a great deal of suffering. Considering the totality of the matter, I deem it in the interest of justice to enhance the amount under the head - permanent disability, mental and physical pain and suffering, loss of income etc to s.80,000/-. That is to say an addition of Rs.30,000/-. It is ordered accordingly.

6. The aforesaid additional/enhanced amount of Rs.30,000/- shall be paid by the Insurance Company within a period of six weeks from today. In the event, the same is not paid within six weeks, the amount shall carry an interest at the rate of 8% from the date of filing of this petition till realization of the amount.

7. FAO 173/1988 is disposed of with the above modification.