Delhi High Court
U.P. State Road Transport ... vs Manu Gupta on 17 January, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 13th January, 2012
Pronounced on: 17th January, 2012
+ MAC.APP. 490/2011
U P STATE ROAD TRANSPORT CORPORATION
..... Appellant
Through: Ms. Garima Prashad, Adv. with
Mr. Shadab Khan, Adv.
versus
MANU GUPTA ..... Respondent
Through: Mr. Hari Shankar Adv. with
Respondent in person.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J.
1. The Appellant U.P. State Road Transport Corporation
(UPSRTC) impugns the judgment dated 10.02.2011 passed by
the Motor Accident Claims Tribunal (the Tribunal), whereby a
compensation of `1,39,900/- was awarded to the First
Respondent in respect of the injuries suffered by him, in an
accident which took place on 06.12.2004, involving UPSTRC
bus number UP-25G-9504.
2. The contentions raised on behalf of the Appellant are:-
(i) There was contributory negligence on the part of the First
Respondent and the entire liability should not have been
fastened on the Appellant.
(ii) The compensation of `65,000/- towards pain and
suffering as well as the overall compensation awarded is
excessive and exorbitant.
3. In order to prove the negligence the Respondent filed his
Affidavit Ex.PW-1/A and entered the witness box as PW-1. He
testified that on 06.12.2004 at about 9:00 AM, he was travelling
as a pillion rider on motorcycle DL-7S-AM-3838 driven by
Amarjeet Singh (PW-3). When they reached near Shahibabad
bus depot, bus number UP-25G-9504 came from the backside
and hit the motorcycle. PW-1 was not subjected to any cross-
examination to challenge this part of the testimony.
4. PW-3 Amarjeet Singh corroborated PW-1 Manu Gupta and
deposed that when they reached Sahibabad, U.P. a bus number
UP-25G-9504 came from the back on the right side and hit the
motorcycle. In cross-examination, a suggestion was given to
this witness that no accident was caused by bus number UP-
25G-9504. The manner of the accident was thus not disputed.
5. In the written statement filed by the Appellant and its driver a
mutually destructive plea was taken. It was stated that the
accident was not caused by the said bus and at the same time, it
was stated that there was no negligence or rashness on the part
of its driver. In any case, since PWs 2 and 3's testimonies have
not been challenged on the point of rash and negligent driving
the Tribunal's findings on this count cannot be faulted.
6. The Appellant suffered compound fracture tibia right side with
fracture distal phalanx great toe left. The Respondent was
immediately removed to Narinder Mohan Hospital, Mohan
Nagar. He was discharged on request by MLC Ex.PW-1/3.
The Respondent was then admitted in North Delhi Nursing
Home on 06.12.2004. He was operated upon and a nail was
fixed. He was discharged from the hospital on 13.12.2004. The
Respondent was then admitted in Sri Balaji Action Medical
Institute on 07.12.2004 for the removal of nail. He was
discharged after the surgery on 08.12.2004.
7. The Tribunal awarded the compensation under various heads
which is extracted hereunder:-
1. Compensation towards pain and suffering ` 65,000/-
2. Expenses towards medical bills ` 47,890/-
3. Compensation towards conveyance and ` 15,000/-
special diet (without bills)
4. Compensation for loss of earning for four ` 12,000/-
months @ ` 3,000/- per month
TOTAL ` 1,39,890/-
8. It is urged by the learned counsel for the Appellant that award
of compensation of ` 65,000/- towards pain and suffering is
excessive.
9. Considering the nature of injuries, the duration of the treatment
coupled with the fact that the Respondent had to undergo two
surgeries, the Tribunal's assessment of award of compensation
of `65,000/- for pain and suffering cannot be said to be dis-
proportionate or excessive. The compensation awarded does
not call for any interference.
10. The Appeal is devoid of any merit. It is accordingly dismissed
with costs. Counsel's fee is fixed at ` 5,500/-.
11. Pending applications also stand disposed of.
(G.P. MITTAL)
JUDGE
JANUARY 17, 2012
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