Oic Ltd. vs Sanjay Verma
2009 Latest Caselaw 4973 Del

3
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.146/2009

                               Date of Decision: 3rd December, 2009
%

      OIC LTD.                                  ..... Appellant
                           Through : Ms. Rajdipa Behura, Adv.

                      versus

      SANJAY VERMA                                ..... Respondent
                           Through : None.


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 compensation of Rs.3,59,900/- has been

awarded to claimant/respondent Nos.1(i), (ii) and (iii).

2. The accident dated 20th April, 2001 resulted in the

grievous injuries to Sanjay Verma who suffered fracture

femur of both hands and was admitted in Apollo Hospital.

The learned Tribunal awarded Rs.1,69,900/- towards medical

expenses, Rs.70,000/- towards loss of earning, Rs.1,00,000/-

towards pain, sufferings and mental agony, Rs.10,000/-

towards special diet and Rs.10,000/- towards conveyance.

The total compensation awarded is Rs.3,59,900/-.

3. The appellant has challenged the impugned award on

the following two grounds:-

(i) The amount awarded by the learned Tribunal for

medical expenses is on a higher side.

(ii) The compensation of Rs.1,00,000/- for pain,

sufferings and mental agony is also on a higher

side.

4. With respect to the compensation for medical

expenses, the amount of Rs.1,00,000/- awarded by the

learned Tribunal is based on the proof of medical

expenditure submitted by the claimants and, therefore, the

finding of the learned Tribunal does not call for any

interference.

5. With respect to the compensation of Rs.1,00,000/-

awarded by the learned Tribunal for pain, sufferings and

mental agony, there was no permanent disability suffered by

the claimant and, therefore, non-pecuniary compensation is

on a higher side. The non-pecuniary damages are

conventional in nature and, therefore, uniformity should be

maintained in awarding non-pecuniary compensation.

6. The claimants have been duly served but there is no

appearance on their behalf.

7. Considering the facts and circumstances of this case,

the compensation for pain, suffering and mental agony is

reduced from Rs.1,00,000/- to Rs.50,000/-.

8. The appeal is allowed and the award amount is reduced

from Rs.3,59,900/- to Rs.3,09,900/- along with interest @

7.5% per annum.

9. The learned counsel for the appellant submits that the

appellant has deposited Rs.3,09,900/- along with interest

thereon with the learned Tribunal on 17th March, 2009 and

the same has been released to the claimants.

10. In that view of the matter, the statutory amount

deposited by the appellant be returned back to the appellant

through counsel within four weeks.

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

for the appellant under signature of the Court Master.

J.R. MIDHA, J

DECEMBER 03, 2009 mk