Delhi High Court
Nazma @ Sarovar Begum vs Manoj Kumar & Ors on 1 August, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 1st August, 2012
+ MAC. APP. 810/2011
NAZMA @ SAROVAR BEGUM ..... Appellant
Through: Mr. Vijay Wadhwa, Adv.
versus
MANOJ KUMAR & ORS. ...... Respondents
Through Mr. R.C. Mahajan, Adv. for R-3.
+ MAC. APP. 787/2011
BABY ISHRA ..... Appellant
Through: Mr. Vijay Wadhwa, Adv.
versus
MANOJ KUMAR & ORS. ...... Respondents
Through Mr. R.C. Mahajan, Adv. for R-3.
+ MAC. APP. 788/2011
BABY IKRA ..... Appellant
Through: Mr. Vijay Wadhwa, Adv.
versus
MANOJ KUMAR & ORS. ...... Respondents
Through Mr. R.C. Mahajan, Adv. for
R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
MAC. APP. 810, 787 & 788//2011 Page 1 of 6
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. These three Appeals (MAC APP.810/2011, MAC APP.787/2011 and
MAC APP. 788/2011) arise out of a judgment dated 29.10.2010 passed
by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a
compensation of `59,800/-, `9,500/- and `9,500/- was awarded in case
No.236/2010, 315/2010 and 316/2010 respectively.
2. The finding on negligence is not disputed by the driver, owner and the
Insurer. Thus, the same has attained finality.
3. The Appellants are the mother and two daughters. The compensation
awarded by the Claims Tribunal is extracted hereunder:-
Sl. Compensation awarded Petition Petition Petition
by the Claims Tribunal No. No. No.
No. under various heads
236/2010 315/2010 316/2010
1. Treatment Expenses `4800/- `500/- `500/-
2. Pain & Suffering ` 25,000/- ` 5,000/- ` 5,000/-
3. Special Diet & Conveyance ` 5,000/- ` 1,000/- ` 1,000/-
4. Loss of Income ` 25,000/- ` 3,000/- ` 3,000/-
TOTAL ` 59,800/- ` 9,500/- ` 9,500/-
4. It is urged by the learned counsel for the Appellants that the injuries
suffered by them were quite serious in nature.
5. Appellant Nazma remained admitted in the hospital for 18 days whereas
Appellants Isra and Ikra remained admitted for five days. The
compensation awarded by the Claims Tribunal is meager and wholly
inadequate.
6. The accident took place at the Peera Garhi Chowk Crossing near IGM
workshop Relief Camp, Paschim Vihar, New Delhi. Immediately after
the accident, the Appellants were removed to Bhagwan Mahavir Hospital;
considering their injuries to be serious, they were again shifted to
Safdarjang Hospital.
MAC APP.810/2011
7. As per the discharge summary Ex.PW-1/2 the Appellant suffered as many
as five fractures i.e (i) Stenoclavicular dislocation right side, (ii) Sacrum
(left) fracture transverse process of left side of L4 & L5, (iii) Fracture of
body of L4 anterior lateral, (iv) fracture of transverse process (SI)
displaced posteriorly, sacroiliac (SI) joint alignment on both sides altered,
(v) fracture S2, S3 vertebral transverse process on left side, and (vi)
fracture superior and inferior public rami (left).
8. In her Affidavit Ex.PW-1/A the Appellant Nazma deposed that she had
not recovered from her injuries and was still under treatment on the date
she was examined in the Court. A perusal of the discharge summary
shows that the Appellant was able to lift all the four limbs at the time of
her discharge on 27.04.2010. She was advised to report in the OPD on
Monday or Thursday as per her needs. Although no medical evidence
has been produced as to the exact period of treatment in Safdarjang
Hospital or at any other place, yet considering that the Appellant suffered
number of fractures, it can be assumed that she suffered lot of pain at the
time of accident during the period of hospitalization and thereafter till she
recovered. The compensation awarded in view of the above facts is very
low. The same is raised as under:-
Sl.No. Compensation under various Awarded by this
heads Court
1. Treatment Expenses `4800/-
2. Pain & Suffering ` 40,000/-
3. Special Diet & Conveyance ` 20,000/-
4. Loss of Income ` 25,000/-
TOTAL ` 89,800/-
9. The overall compensation is thus enhanced from ` 59,800/- to `89,800/-
which shall carry interest @ 7.5% per annum from the date of filing of
the Petition till its payment.
MAC APP.787/2011
10. Appellant Isra was aged about 3 years. At the time of her admission in
Safdarjang Hospital, Appellant Isra was found to have suffered head
injury. She suffered fracture of left frontal and perital bone with other
lacerated wounds etc. She remained admitted in the hospital from
09.04.2010 to 12.04.2010. She was discharged on 12.04.2010 with the
advice to attend ENT OPD on 19.04.2010.
11. Considering the nature of injuries and the period of hospitalization and
the duration of treatment, the compensation awarded is on the lower side.
The same is enhanced as under:-
Sl.No. Compensation under various Awarded by this Court
heads
1. Treatment Expenses `500/-
2. Pain & Suffering ` 20,000/-
3. Special Diet & Conveyance ` 5,000/-
4. Loss of Play in Childhood ` 3,000/-
TOTAL ` 28,500/-
12. The overall compensation is thus enhanced from `9,500/- to ` 28,500/-
which shall carry interest @ 7.5% per annum from the date of filing of
the Petition till its payment.
MAC APP.788/2011
13. The Appellant Ikra was admitted to Safdarjang Hospital on 09.04.2010
with the history of loss of consciousness. She was bleeding from the
nose. She suffered fracture in left temporal and parital bones. She also
remained admitted in the hospital from 09.04.2010 to 12.04.2010. She
was discharged on 12.04.2010 with advice to attend the OPD on
20.04.2010.
14. Considering the nature of injuries and the period of hospitalization and
the duration of treatment, the compensation awarded is on the lower side.
The same is enhanced as under:-
Sl.No. Compensation under various Awarded by this Court
heads
1. Treatment Expenses `500/-
2. Pain & Suffering ` 20,000/-
3. Special Diet & Conveyance ` 5,000/-
4. Loss of Play in Childhood ` 3,000/-
TOTAL ` 28,500/-
15. The overall compensation is thus enhanced from `9,500/- to ` 28,500/-
which shall carry interest @ 7.5% per annum from the date of filing of
the Petition till its payment.
16. Respondent No.3 the Oriental Insurance Company Limited is directed to
deposit the enhanced compensation along with interest with the Claims
Tribunal within six weeks.
17. 60% of the enhanced compensation shall be held in fixed deposit in the
name of the Appellants for a period of two years. Rest shall be released
to them on deposit.
18. The Appeals are allowed in above terms.
19. Pending Applications stand disposed of.
(G.P. MITTAL)
JUDGE
AUGUST 01, 2012
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