Delhi High Court
Sushma Rani Ahuja vs Nepal Singh & Ors. on 3 September, 2009
Author: J.R. Midha
23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.67/2004
% Date of decision: 3rd September, 2009
SUSHMA RANI AHUJA ..... Appellant
Through : Mr. Ashok Popli, Adv.
versus
NEPAL SINGH & 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.8,885/- has been awarded
to the appellant. The appellant seek enhancement of the award
amount.
2. The accident dated 1st August, 1995 resulted in grievous
injuries to the appellant. The appellant suffered fracture of left
arm which was put under plaster and the appellant remained
under treatment for about four months. The appellant came in
the witness box as PW-1 and proved her treatment record as
Ex.PW1/1 to Ex.PW1/5. The medical expenditure was proved as
Ex.PW1/6 to Ex.PW1/23. The expenditure on conveyance was
proved as Ex.PW1/24 to Ex.PW1/27. The appellant was working
as teacher in Government Girls Senior Secondary School, Jahangir
Puri at the time of the accident and she remained on leave
initially for a continuous period of 15 days and thereafter
intermittently for 15-20 days. The appellant also took earned
leave from 1st August, 1995 to 9th August, 1995.
3. The learned Tribunal awarded Rs.2,910/- towards the loss of
earning of 15 days, Rs.2,100/- towards the medical expenses,
Rs.1,375/- towards the conveyance, Rs.1,500/- towards pain and
sufferings and Rs.1,000/- towards special diet. The total
compensation awarded is Rs.8,885/-
4. The learned counsel for the appellant seeks enhancement
of the pecuniary as well as non-pecuniary compensation.
5. With respect to pecuniary compensation, the learned
Tribunal has awarded compensation on the basis of evidence led
by the appellant and, therefore, the same does not call for any
interference. However, with respect to the non-pecuniary
compensation, the learned Tribunal is in error in awarding grossly
inadequate compensation for the pain and suffering. Considering
that the appellant suffered fracture of left arm and her arm was
under plaster for three months, she remained under treatment
for four months and took leave for more than one month, the
compensation for pain and suffering is enhanced from Rs.1,500/-
to Rs.15,000/- The appellant is also entitled to compensation for
loss of amenities of life for which further amount of Rs.10,000/- is
awarded to the appellant.
6. The appellant is entitled to total compensation of
Rs.32,385/- (Rs.2,910 + Rs.2,100 + Rs.1,375 + Rs.1,000 +
Rs.15,000 + Rs.10,000).
7. The appeal is allowed and the award amount is enhanced
from Rs.8,885/- to Rs.32,385/-. The learned Tribunal has awarded
interest at the rate of 9% per annum which is not disturbed on
the original award amount of Rs.8,885/- 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 the learned Tribunal within 30
days. Upon such deposit being made, the learned Tribunal is
directed to release the same to the appellant without any
restriction of fixed deposit.
9. Copy of this order be given 'Dasti' to learned counsel for
both the parties under the signature of Court Master.
J.R. MIDHA, J
SEPTEMBER 03, 2009
mk
