Delhi High Court
Sanat Kumar vs Madan Singh And Ors. on 30 September, 2004
Equivalent citations: III (2004) ACC 923, 115 (2004) DLT 228
Author: R Sodhi
Bench: R Sodhi
JUDGMENT
R.S. Sodhi, J.
1. FAO 209/1983 is directed against the judgment and order of the Motor Accident Claims Tribunal (for short "the Tribunal") , whereby the learned Tribunal vide its judgment dated 12th April, 1983, has awarded a sum of Rs. 60,025/- together with interest @ 9% per annum on account of the accident that had occurred on 16.8.1976 at about 9.30 am at Wazirabad Bridge.
2. The facts of this case as disclosed in the claim petition are as under :
"that on 16.8.1976 at about 9.30 A.M., the petitioner was sitting on the pillion seat of two-wheeler scooter No.DHQ-4149 and was going from his residence to Delhi University. When the scooter reached near Pole No.4 on Wazirabad Bridge, at that time a truck bearing No.DLG-5971 (Tanker) came from Delhi side. It is alleged that the said truck was driven by respondent No.1 rashly, recklessly and negligently. It is further alleged that the said truck violently hit the scooter and the truck stopped after covering some distance and in the process the scooter was damaged very badly and petitioner was injured and his companion Shri Gurdev Singh received serious injuries. It is further stated that his companion Shri Gurdev Singh who was driving the scooter had died. It is further stated that the petitioner sustained serious injuries as indicated in para 11 of the claim petition. It is stated that the truck in question owned by respondent No.1 was driven by respondent No.1 in the course of employment of respondent No.2. It is further stated that the truck in question was insured with respondent No.3."
3. The Tribunal, after appreciating the evidence and material on record, has come to the conclusion that the appellant herein is entitled to compensation under various heads as follows :- Mental Pain, Agony and Sufferings Rs.9000/-; Permanent Disability Rs.8000/-; Special Diet Rs.3,600/-; Purchase of Medicines and Treatment Charges Rs.13,000/-; Purchase of Calipers Rs.3,575/-; Conveyance Charge Rs.3,410/-; and Loss of earnings due to permanent disability Rs.19,440/- (after deducting 10% towards lump sum payment which is Rs.21,600/-).
4. It is contended by counsel for the appellant that the amount awarded on account of mental pain, agony and suffering, special died, purchase of calipers is far too meagure. He has also contended that 10% ought not to be deducted from the lump sum payment under the head Loss of Earnings due to Permanent Disability.
5. Heard counsel for the parties and have carefully gone through the judgment under challenge. It appears to me that the contention of counsel for the appellant is reasonable and in the facts and circumstances of this case, it would be proper and in the interest of just if the amount on account of mental pain agony and suffering is enhanced from Rs.9,000/- to Rs.20,000/-, special diet is enhanced from Rs.3,600/- to Rs.5000/-, purchase of calipers is enhanced from Rs.3575/- to Rs. 10,000/- and 10% deduction made from Rs.21,600/- (lump sum amount under the head Loss of earnings due to permanent disability) is disallowed. It is ordered accordingly. After allowing the above-said increase, a total sum of Rs.20,985/- is increased from the amount awarded, that is, Rs.60,025/-. The aforesaid increase shall carry an interest @9% from the date of filing of the claim petition till the date of payment.
6. With this, FAO 209/1983 stands disposed of. CMs 3850/1995 and 441/2001 also stand disposed of.
