National Insurance Co.Ltd. vs Nitin & Ors.
2010 Latest Caselaw 983 Del

16
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                  +       MAC.APP.No. 614/2005

                               Date of Decision:19th February, 2010
%

      NATIONAL INSURANCE CO.LTD.     ..... Appellant
                    Through Mr. Vishnu Mehra, Advocate.

                      versus

      NITIN & ORS.                    ..... Respondents
                           Through Mr. B.K. Sharma, Adv. for R-1



CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may                 NO
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?                NO

3.      Whether the judgment should be                        NO
        reported in the Digest?

                          JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.12,90,000/- has been

awarded to respondent No.1.

2. The accident dated 9th October, 1995 resulted in

grievous injuries to respondent No.1 who suffered massive

brain injuries, namely, depressed fracture of the frontal bone,

multiple contusion of P/L frontal Lobe with displacement of

frontal horns; evidence of patchy cerebral atrophy and

fracture of temporal parital region. PW-5, Dr. L.N. Gupta

testified that respondent No.1 had suffered from left

hemipheresis which has resulted in weakening of the body

functions on the left side. Respondent No.1 has also suffered

from moderate mental retardation which has resulted in low

IQ; and that he has been suffering from repeated attacks of

convulsions which results in fits and loss of consciousness.

3. The learned Tribunal has awarded Rs.50,000/- towards

medical treatment and expenses, Rs.5,40,000/- towards loss

of earning capacity, Rs.2,00,000/- towards permanent

disability, Rs.2,00,000/- towards pain and suffering and

Rs.50,000/- towards conveyance/attendant/special diet and

future medical treatment and Rs.2,50,000/- towards loss of

marital alliance. The total compensation awarded is

Rs.12,90,000/-.

4. The appellant has challenged the impugned award on

the ground that there was contributory negligence on the

part of the appellant and respondent No.1 and the amount

awarded is on a higher side.

5. In the facts and circumstances of this case, no case for

contributory negligence is made out. The amount awarded

by the learned Tribunal is just, fair and reasonable and does

not call for any interference.

6. The appeal is dismissed.

J.R. MIDHA, J FEBRUARY 19, 2010 HL