Rakshit Tokas vs Jai Prakash & Ors
2009 Latest Caselaw 4663 Del

17
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +      MAC.APP.No.419/2009

                               Date of Decision: 16th November, 2009
%

      RAKSHIT TOKAS                                  ..... Appellant
                             Through : Mr. O.N. Sharma, Adv.

                      versus

    JAI PRAKASH & ORS                    ..... Respondents
                   Through : Mr. K.L. Nandwani, Adv.
                             for R-3.
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?

                             JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.2,500/- has been

awarded to the appellant. The appellant seeks enhancement

of the award amount.

2. The accident dated 18th February, 2006 resulted in the

injuries to the appellant. The appellant was driving car

bearing No.DL-9CH-1896 which met with an accident with

tractor bearing No.HR-30D-2346. The accident resulted in

the injuries to the appellant and death of appellant's brother

Raunak Tokas. The appellant suffered head injuries and

splinting fracture of Jaw and breaking of teeth. The appellant

took the treatment from Dr. Sandeep Dahia and from

Madan's Polyclinic, Dental Care Hospital, Lajpat Nagar-II, New

Delhi.

3. The appellant came in the witness box as PW-1 and

deposed with respect to the injuries suffered by him. Dr.

Sandeep Dahia appeared in the witness box as PW-2 and

deposed that he treated the appellant. PW-2 proved the

prescription slip, Ex.PW2/A and the certificate of receipt of

Rs.14,400/- towards the fee as Ex.PW2/B. The break-up of

the fee in certificate, Ex.PW2/B is as under:-

             Consultation         :     Rs.200/-
             IOPA X Ray           :     Rs.200/-
             Composite splinting :      Rs.10,000/-


             Composite restoration :    Rs.4,000/-


4.    The    learned   Tribunal   disregarded     Ex.PW2/A     and

Ex.PW2/B on the ground that the doctor in his cross-

examination has deposed that he received payment in cash

and he was not maintaining any record with respect to the

treatment given to the patient.

5. The findings of the learned Tribunal are misconceived

and unsustainable. There is no dispute with respect to the

injuries suffered by the appellant and the treatment taken by

him. Even if the doctor was not maintaining the record of the

treatment given to the patient, the patient cannot be denied

the compensation on this ground. The findings of the

learned Tribunal are, therefore, set aside.

6. The appellant is entitled to compensation of Rs.14,400/-

towards treatment taken by him for the injuries suffered in

the accident. Considering the injuries suffered by the

appellant, Rs.5,000/- is awarded towards pain and suffering

and Rs.5,000/- is awarded towards loss of amenities of life.

7. The appeal is allowed and the award amount is

enhanced from Rs.2,500/- to Rs.24,900/- (Rs.14,400 +

Rs.5,000 + Rs.5,000). The learned Tribunal has awarded

interest @9% per annum which is not disturbed on the

original award amount of Rs.2,500/-. However, on the

enhanced award amount, the rate of interest shall be @ 7.5%

per annum from the date of filing of the petition till

realization.

8. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank, Delhi High

Court Branch A/c Rakshit Tokas within 30 days.

9. Upon the aforesaid deposit being made, the UCO Bank

is directed to release the same to the appellant by

transferring the said amount to the Saving Bank Account of

the appellant.

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

for both the parties under signature of Court Master.

J.R. MIDHA, J NOVEMBER 16, 2009 mk