Lajwanti vs Bhag Chand & Ors.
2009 Latest Caselaw 4444 Del

23
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.385/2009

%                                 Date of decision: 3rd November, 2009


      LAJWANTI                                       ..... Appellant
                           Through : Mr. R.K. Rawat, Adv.

                      versus

      BHAG CHAND & ORS.                  ..... Respondents
                   Through : Ms. Hetu Arora, Adv. for R-3.

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.2,62,655/- has been

awarded to the appellant.

2. The accident dated 10th October, 2000 resulted in grievous

injuries to the appellant who filed the claim petition before the

learned Tribunal.

3. The learned counsel for the appellant submits that the

appellant has suffered permanent disability in respect of right leg

but no compensation has been awarded for permanent disability

on the ground that the medical certificate - Ex.PW5/A shows the

disability relates to left leg with ankle and restricted movement of

ankle whereas the appellant suffered the injuries on the right side

of the body in the accident in question.

4. Vide order dated 11th August, 2009, the appellant was

directed to appear before the Senior Orthopedic Surgeon, Batra

Hospital for examination.

5. The appellant has been examined by Dr. Sameer Grover,

Senior Orthopedic Surgeon, Batra Hospital in terms of the order

dated 11th August, 2009 and the medical certificate dated 7 th

September, 2009 has been today placed on record. As per the

said certificate, the appellant has suffered 40% disability of right

lower limb and 20% with respect to the whole body. On the basis

of the certificate dated 7th September, 2009 issued by Batra

Hospital, it is clear that the appellant has suffered permanent

disability in respect of the right lower limb and the findings of the

learned Tribunal are not correct.

6. In view of the above, the appeal is allowed and the

impugned award is set aside in so far as the learned Tribunal has

rejected the claim of compensation in respect of the permanent

disability suffered by the appellant.

7. The case is remanded back to the learned Tribunal to

determine/assess the compensation payable to the appellant

relating to the permanent disability suffered by her. The original

report of Dr. Sameer Grover dated 7 th September, 2009 be sent

to the learned Tribunal along with the LCR.

8. The parties are directed to appear before the learned

Tribunal on 2nd December, 2009.

9. The learned Tribunal shall conduct an inquiry under Section

168 of the Motor Vehicles Act and pass a fresh award in

accordance with law. The amount received by the appellant in

terms of the award of the learned Tribunal shall be retained by

the appellant subject to the final outcome of the claim petition.

Needless to state that the learned Tribunal shall grant

appropriate opportunity to both the parties before deciding the

claim petition afresh and passing the award.

10. Copy of this order be given 'Dasti' to learned counsel for the

parties under signature of Court Master.

J.R. MIDHA, J NOVEMBER 03, 2009 aj