Meenakshi vs Rajesh Gaur & Ors.
2012 Latest Caselaw 5910 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Date of decision: 1st October, 2012
+        MAC. APP. 461/2012

         MEENAKSHI                                                 ..... Appellant
                           Through:    Mr. O.P. Mannie, Adv.


                                      versus

         RAJESH GAUR & ORS.                                    .... Respondents
                      Through          Mr. R.C. Mahajan, 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 `86,685/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellant Meenakshi for having suffered injuries in a motor vehicle accident which occurred on 07.11.2010.

2. On 07.11.2010 at about 12:15 A.M. the Appellant Meenakshi was riding on a two wheeler driven by her brother Amit. Their mother Smt. Savita was also accompanying them. When they reached Main Dhansa Road, near Firpi Road, Kazipur, New Delhi a truck bearing No.HR-56-5211 driven in a rash and negligent manner by Respondent No.1 hit the motorcycle and ran over Smt. Savita. The Appellant who was a young girl of 10 years at the time of the accident and was a student suffered head injuries and multiple injuries all over her body including left

shoulder. She remained admitted in the hospital for 18 days. Her face was disfigured and there was also loss to her studies.

3. The Claims Tribunal while holding that in any personal injury case, the compensation awarded should be substantial, just and fair and not a token amount, awarded a sum of `86,685/-, which is tabulated hereunder:-

Sl.No. Compensation under various Awarded by the heads Claims Tribunal

1. For Medical Bills `26,685/-

                  2.          Pain and Suffering                                   ` 30,000-

                  3.          Loss of Amenities                                   ` 10,000/-

                  4.          Special Diet and Conveyance                         ` 20,000/-

                                                            Total                 ` 86,685/-

4. The following contentions are raised on behalf of the Appellant:-

(i) That the Appellant was a student and an unmarried girl aged 10 years. Because of disfigurement, the Appellant's marriage prospects diminished substantially, yet she was not awarded any compensation on account of loss of marriage prospects.

(ii) No compensation was awarded towards loss of studies.

5. The Appellant's photograph showing her face and shoulder was also placed on the paper book. Disfigurement of the face particularly for a girl is a serious setback in marriage prospects. The Appellant is therefore awarded compensation of `1,00,000/- towards disfigurement and diminished marriage prospects.

6. The Appellant must have taken 4-6 months to recover from the injuries out of which she remained hospitalized for 18 days. In the circumstances, I would make a provision of `10,000/- towards loss of studies.

7. The compensation thus stands enhanced by `1,10,000/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till its payment.

8. Respondent No.3 Oriental Insurance Company Limited is directed to deposit the enhanced compensation along with interest with the Claims Tribunal within six weeks.

9. Eighty percent of the enhanced compensation shall be held in fixed deposit for a period of ten years. The Appellant shall be entitled to premature withdrawal of the amount in case the same is needed for her higher education or for her marriage to the satisfaction of the Claims Tribunal. Rest 20% shall be released on deposit.

10. The Appeal is allowed in above terms.

11. Pending Applications stand disposed of.

(G.P. MITTAL) JUDGE OCTOBER 01, 2012 vk