Delhi High Court
Kuldeep Singh vs Kishore Singh & Ors. on 17 August, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 17th August, 2012
+ MAC. APP. 482/2004
KULDEEP SINGH ...... Appellant
Through: Mr. N.S. Dalal, Adv.
versus
KISHORE SINGH & ORS. ..... Respondents
Through: Mr. Ram N. Sharma, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for enhancement of compensation of `68,600/- awarded in
favour of the Appellant Kuldeep Singh who suffered grievous injuries in
a motor vehicle accident which occurred on 02.08.1997.
2. In the absence of any Appeal by the driver, owner or the Insurer, the
finding on negligence has attained finality between the parties.
3. It is urged by the learned counsel for the Appellant that the Appellant
remained admitted in Sir Ganga Ram Hospital and Pushpanjali Hospital,
Gurgaon. He suffered multiple fractures including the head injury. The
compensation of `68,600/- awarded by the Claims Tribunal is very
meager.
4. The compensation awarded by the Claims Tribunal is tabulated
hereunder:-
Sl. Compensation under various heads Awarded by the
Claims Tribunal
No.
1. Medical Expenses `5,000/-
2. Pain & Suffering ` 35,000/-
3. Loss of Enjoyment of Amenities of Life ` 20,000/-
4. Loss of Income ` 3,600/-
5. Conveyance, Special Diet ` 5,000/-
Total ` 68,600/-
5. The Claims Tribunal dealt with the injuries suffered and the treatment
received by him (the Appellant) in Para 61 of the impugned judgment,
which is extracted hereunder:-
"61. PW Kuldeep Singh stated that he sustained head injuries,
fracture on his right leg below the knee; fracture on small finger of
the right hand; two teeth were broken and also chest bone fracture
in the accident. He stated that he was treated by doctors of Civil
Hospital, Rishikesh (U.P.), and then in Sir Ganga Ram Hospital,
and also in Divakar Nursing Home, Gurgaon, and Pushpanjali
Hospital, Gurgaon. He stated that he spent about Rs. 75,000/- on
his medical treatment. As per X-ray report dated 04-08-97 Ex.
PW1/4 of Sir Ganga Ram Hospital, petitioner suffered fracture of
the shaft of 5th meta carpal with lateral displacement of distal
fragment. As per X-ray report of Pushpanjali Hospital dated 05-
08-97 Ex. PW1/5, petitioner sustained loss of cervical lordosis due
to muscle spasm and mild central compression of D7. As per CAT
scan report dated 03-08-97 Ex. PW1/6, fracture of left zygomatic
arch was noted. As per bill Ex. PW1/11, petitioner remained
admitted in Pushpanjali Hospital, Gurgaon, from 05-08-97 to 07-
08-97 incurring total medical expenses of Rs.1,330/-."
6. Immediately, after the accident the Appellant was admitted in Civil
Hospital, Rishikesh. After receiving first aid, he came to his place of
residence in Bijwasan. There is no documentary evidence on record that
he remained as an indoor patient in Sir Ganga Ram Hospital. A perusal
of the record shows that only X-ray was got done in Sir Ganga Ram
Hospital. The Appellant remained admitted in Pushpanjali Hospital from
05.08.1997 to 07.08.1997. He had to undergo CAT scan in New Delhi
Scan Research Institute, Sir Ganga Ram Hospial. The Appellant was able
to produce the bills for various investigation and indoor treatment in
Pushpanjali Hospital only for a sum of `4880/-. The Claims Tribunal
made an award of `5,000/- towards expenditure on medical treatment. I
have already extracted above para 61 of the impugned judgment which
reveals that the Appellant suffered fracture of the shaft of 5th metacarpal
with lateral displacement of distal fragment, fracture of right little finger,
fracture of ribs & fracture of left zygomatic arch. His two teeth were also
broken. He also suffered head injury.
7. The Appellant must have remained under treatment for at least four-six
months. The compensation of ` 5,000/- awarded towards the medical
treatment was wholly inadequate. The same is enhanced to `10,000/-.
8. Considering the nature of injuries suffered, the Appellant must have not
been able to attend to his work for a period of about four months. The
loss of income awarded for two months i.e. `3600/- is enhanced to
`7200/-.
9. Considering the nature of injuries, the compensation towards pain and
suffering is enhanced to `40,000/- and towards conveyance and special
diet to `10,000/-
10. The enhanced compensation is re-computed hereunder:-
Sl. Compensation under various heads Awarded by this
Court
No.
1. Medical Expenses `10,000/-
2. Pain & Suffering ` 40,000/-
3. Loss of Enjoyment of Amenities of Life ` 20,000/-
4. Loss of Income `7200/-
5. Conveyance, Special Diet ` 10,000/-
Total ` 87,200/-
11. The compensation is thus enhanced from `68,600/- to `87,200/-.
12. The enhanced compensation of ` 18,600/- shall carry interest @ 7.5% per
annum from the date of filing of the petition till its payment.
13. Respondent No.3 the Oriental Insurance Company Limited is directed to
deposit the enhanced compensation along with interest in the name of the
Appellant with the Claims Tribunal within six weeks and shall be
released in favour of the Appellant.
14. The Appeal is allowed in above terms.
15. Pending Applications also stand disposed of.
(G.P. MITTAL)
JUDGE
AUGUST 17, 2012
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