Anup Suri vs Vipul Tiwari & Ors.
2009 Latest Caselaw 1728 Del

35
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +      MAC.APP. 441/2005

                                   Date of Decision: 28th April, 2009
%

      ANUP SURI                                     ..... Appellant
                            Through : Appellant in person along
                                      with her father.
                       versus

      VIPUL TIWARI & ORS.                 ..... Respondents
                     Through : Mr. Pradeep Gaur, Adv.

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

1.      Whether Reporters of Local papers may                  Yes
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?                 Yes

3.      Whether the judgment should be                         Yes
        reported in the Digest?

                             JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby the compensation of Rs.76,000/- has been

awarded to her. The appellant seeks enhancement of the

award amount.

2. The accident dated 10th January, 1996 resulted in the

injuries to the appellant. The appellant was 7 years old at

that time and was crossing the road when she was hit by the

Maruti Car. The appellant fell down and the front wheel of

the car passed on her right foot. The appellant was rushed

to the Jaipur Golden Hospital where she was operated upon.

The permanent disability has been assessed to be 3%. The

appellant's foot has deformed due to the accident and she

limps while walking and her matrimonial prospects have

certainly been affected adversely by the accident.

3. The learned Tribunal has not awarded any amount

towards loss due to reduction of matrimonial prospects. The

learned Tribunal has also not awarded any compensation for

loss of amenities of life. The compensation under the head

of mental pain and sufferings and for permanent disability is

on a lower side.

4. Considering the facts and circumstances of this case,

the compensation of Rs.35,000/- is awarded for loss due to

reduction of matrimonial prospects and Rs.25,000/- towards

loss of amenities of life. The compensation for mental pain

and sufferings is enhanced from Rs.20,000/- to RS.30,000/-

and the compensation for permanent disability is enhanced

from Rs.10,000/- to Rs.25,000/-. The appellant is entitled to

the total compensation of Rs.1,61,000/-.

5. The appeal is allowed and the award amount is

enhanced from Rs.76,000/- to Rs.1,61,000/-. The learned

Tribunal has awarded interest at the rate of 9% per annum.

The rate of interest is not disturbed on the original award

amount of Rs.76,000/-. However, on enhanced amount of

Rs.85,000/-, the rate of interest shall be 7.5% per annum

from the date of filing of the petition till payment.

6. Respondent No.3 is directed to deposit the enhanced

award amount along with interest thereon with the learned

Tribunal within 30 days.

7. The learned Tribunal is directed to release Rs.25,000/-

to the appellant. The remaining amount be kept in fixed

deposit with cumulative interest initially for a period of 5

years. The appellant is given liberty to approach the learned

Tribunal as and when her marriage is fixed by the parents.

8. This Court records the appreciation for Mr. Pradeep

Gaur who effectively assisted in the case to arrive at the just

compensation.

9. Copy of this order be given 'Dasti' to learned counsel

for both the parties under signatures of Court Master.

J.R. MIDHA, J

APRIL 28, 2009 mk