The New India Assuranc Co. Ltd vs Sita Ram And Anr
2009 Latest Caselaw 1532 Del

11
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +    MAC.APP. 599/2008

                             Date of Decision: 20th April, 2009
%

      THE NEW INDIA ASSURANC CO. LTD      ..... Appellant
                    Through : Mr. Pankaj Seth, Adv.

                    versus

      SITA RAM AND ANR           ..... Respondents
                    Through : None.


CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may             No
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?            No

3.      Whether the judgment should be                    No
        reported in the Digest?

                        JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.1,20,000/- has been

awarded to respondent No.1.

2. The accident dated 20th - 21st January, 2005 resulted in

grievous injuries to respondent No.1. Respondent no.1 was

standing on the road when the offending vehicle hit him

resulting in grievous injuries. Respondent No.1 was a

labourer carrying on the work of loading of tent goods.

Respondent No.1 was removed to Dr. Khan's Rehan Hospital

where he was hospitalized from 21st January, 2005 to 26th

January, 2005. He was again admitted in Safdarjung Hospital

from 26th January, 2005 to 3rd March, 2005. Respondent No.1

suffered 15% disability of left lower limb. The disability

certificate - Ex.PW1/5 was proved by respondent No.1 in the

witness box. Respondent No.1 also placed on record a

discharge summary - Ex.PW1/1 by Dr. Khan's Rehan Hospital

and discharge summary - Ex.PW1/2 issued by the Safdarjung

Hospital, New Delhi. Respondent No.1 also proved the

medical record - Ex.PW1/3 and Ex.PW1/4. Respondent No.1

spent Rs.20,000/- on his treatment and Rs.10,000/- on

special diet but the bills were not produced.

3. Considering the nature of injuries suffered by

respondent No.1, the learned Tribunal awarded Rs.1,20,000/-

to respondent No.1.

4. The sole ground of challenge in this appeal is that the

amount awarded by the learned Tribunal is exorbitant. I

have examined the evidence and the documents on record of

the learned Tribunal. Though respondent No.1 has not

placed on record the medical bills towards expenses incurred

on the treatment and also the proof of expenditure on

conveyance, considering that respondent No.1 belongs to the

lowest strata of the society and was a labourer working for

loading of tents on the truck and it has been proved on

record that he suffered 15% disability, the amount awarded

by the learned Tribunal is just, fair and reasonable. I may

record that if respondent No.1 had been vigilant enough and

had led proper evidence, he may have been entitled to the

compensation for loss of income on the basis of the multiplier

method. In the absence of the proper evidence, the learned

Tribunal has drawn reasonable presumptions guided by

Section 114 of the Indian Evidence Act and I do not find any

infirmity in the computation of compensation by the learned

Tribunal.

5. The appeal is, therefore, dismissed in limine.

6. No costs.

7. The Registry is directed to refund the statutory amount

of Rs.25,000/- to the appellant within two weeks.

CM No.17212/2008

1. For the reasons stated in the application, the delay of

66 days in filing of this appeal is condoned.

2. CM stands disposed of.

CM No.17211/2008

Dismissed.

J.R. MIDHA, J

APRIL 20, 2009 aj