Delhi High Court
Jyoti vs Harish Chander & Ors. on 28 May, 2009
Author: J.R. Midha
2 to 4
*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 28th May, 2009
%
+ MAC.APP. 117/2009
HAV RAMPHAL ..... Appellant
Through : Mr. H.S. Gautam, Adv.
versus
HARISH CHANDER & ORS ..... Respondents
Through : None.
+ MAC.APP. 148/2009
JYOTI ..... Appellant
Through : Mr. H.S. Gautam, Adv.
versus
HARISH CHANDER & ORS. ..... Respondents
Through : None.
+ MAC.APP. 149/2009
BIMLA ..... Appellant
Through : Mr. H.S. Gautam, Adv.
versus
HARISH CHANDER & ORS. ..... Respondents
Through : None.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may
be allowed to see the Judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be
reported in the Digest?
MAC .APP.No.117/2009, MAC.APP.No.148/2009 & MAC.APP.No.149/2009 Page 1 of 3
JUDGMENT (Oral)
1. The appellants have challenged the common award of
the learned Tribunal whereby three claim petitions were
decided by a common award.
2. The accident dated 2nd June, 2000 resulted in injuries to
the claimants. The claimant in MAC.APP.No.117/2009 is the
husband, claimant in MAC.APP.No.149/2009 is the wife and
claimant in MAC.APP.No.148/2009 is the daughter who were
travelling in their Maruti Car near Brar Square, Naraina, New
Delhi when they were hit by truck bearing No.DIL-1761
resulting in injuries to the claimants who filed three separate
claim petitions before the learned Tribunal seeking
compensation for the injuries suffered.
3. With respect to the injuries suffered by the claimant in
MAC.APP.No.117/2009, the learned Tribunal has awarded
compensation of Rs.5,000/- considering that the appellant
did not submit any proof of the injuries. No MLC was placed
on record. No proof of the treatment taken or payment
towards treatment was placed on record. No material has
been placed on record even before this Court. The learned
Tribunal has awarded Rs.5,000/- considering the nature of
the accident and the inconvenience suffered by the
appellant. There is no infirmity in the award of the learned
Tribunal.
4. With respect to the claimant in MAC.APP.No.149/2009,
the appellant has placed on record the prescription of the
treatment taken in January, 2005 whereas the accident
occurred on 2nd June, 2000. No prescription has been placed
on record either before the learned Trial Court or before this
Court as to the treatment taken in June, 2000. There is no
link between the treatment taken in January, 2005 and the
injuries suffered by the appellant in the accident in June,
2000. The MLC - Ex-PW1/C does not show any head injuries.
However, considering that the appellant did suffer an
accident and some injuries arose out of the accident, the
learned Tribunal awarded Rs.20,000/- towards the pain and
suffering, medical treatment, special diet and conveyance.
5. With respect to the claimant in MAC.APP.No.148/2009,
the learned Tribunal has awarded Rs.10,000/- considering
that she suffered simple injuries for which she was admitted
in the hospital but no proof of expenses has been placed on
record.
6. Considering the evidence on record, the award passed
by the learned Tribunal in aforesaid three cases is just, fair
and reasonable.
7. The appeals are, therefore, dismissed.
J.R. MIDHA, J
MAY 28, 2009
mk
