Delhi High Court
Raj Rani Verma vs Brahm Singh And Ors. on 20 November, 2013
Author: Suresh Kait
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 20th November, 2013
+ MAC.APP. 1118/2012
RAJ RANI VERMA ..... Appellant
Represented by: Mr. Peeush Sharma,
Advocate.
Versus
BRAHM SINGH AND ORS. ..... Respondents
Represented by: Mr.D.K.Sharma, Advocate
for Respondent No.3/
Insurance Company.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The present appeal is preferred against the impugned award dated
01.03.2012, whereby the learned Tribunal has granted compensation of
Rs.4,41,358/- with interest at the rate of 7.5 per cent per annum from
the date of filing the claim petition till realization.
2. Vide the present appeal, the appellant is seeking enhancement of
the compensation amount as noted above.
3. The appellant met with an accident occurred on 18.10.2008 and
remained admitted in DDU hospital till 27.10.2008. Thereafter, she
was referred to Sir Ganga Ram Hospital and remained admitted there
till 19.11.2008. She was further referred to the Central Hospital,
Northern Railway and remained admitted upto 26.03.2009. Thus, she
remained hospitalized continuously for about five months.
4. Learned counsel appearing on behalf of the appellant has
submitted that the appellant received injures such as degloving injury
left shoulder with large CLW with fracture subtrochanter with fracture
bimalleoler left with Ist MT and 2MT with fracture mandible. The said
injuries have been proved by the discharge summary Ex. PW1/1issued
by DDU Hospital.
5. Learned counsel further submitted that thereafter she was again
admitted in the Central Hospital on 30.05.2009 and remained till
30.06.2009, which has been proved vide Ex.PW4/1.
6. He submitted that keeping in view the injuries received by the
appellant and the period for which she remained hospitalized, i.e., for
about six months, the compensation of Rs.25,000/- towards pain and
sufferings, Rs.5,000/- for conveyance and special diet, and Rs.25,000/-
for loss of services to family, which has been granted by the learned
Tribunal is on lower side.
7. Learned counsel also argued that the appellant has suffered 17%
permanent disability in relation to left upper limb and left lower limb,
despite that the learned Tribunal has awarded only Rs.40,000/- on
account of disability.
8. On the other hand, learned counsel appearing on behalf of the
respondent No.3/Insurance Company has submitted that the
compensation of Rs.25,000/- granted on account of pain and sufferings
is just and proper. However, he fairly conceded that some amount may
be enhanced towards conveyance and special diet and loss of services
to the family.
9. He further submitted that the appellant remained hospitalized for
about five months, however, the treatment received for the period from
30.05.2009 to 30.06.2009 as an indoor patient was not qua the injuries
received by her in the accident in question. Therefore, the said period
may not be considered while adjudicating the instant appeal.
10. Keeping in view the injuries noted above and the period for
which the appellant was remained admitted in the hospital, I am of the
view that she was not able to work and give any services to her family
for another six months. Therefore, keeping in mind the mental agony
and pain suffered by the appellant, I am of the view that the learned
Tribunal has granted a lesser compensation, i.e., Rs.25,000/- towards
pain and sufferings.
11. Accordingly, I enhance the same from Rs.25,000/- to Rs.50,000/-.
12. Admittedly, the appellant remained admitted in the hospital for
about five months continuously. Therefore, keeping in view the nature
of the injuries received by her, the family of the injured might have
spent more amounts on account of conveyance and diet. Therefore, I
enhance the compensation for conveyance and special diet from
Rs.5,000/- to Rs.25,000/-.
13. Admittedly, the injured could not provide any service to the
family for more than an year, therefore, I enhance the compensation
towards loss of services to family from Rs.25,000/- to Rs.50,000/-.
14. I note, the learned Tribunal has lost sight and not granted any
compensation towards attendant charges and for loss of amenities.
15. For just and fair compensation, I grant Rs. 25,000/- each on both
the heads mentioned above.
16. Consequently, the compensation amount comes as under:-
Sr. Heads Amount granted Amount granted
No. by MACT in appeal
1. Treatment expenses Rs.3,46,358/- Rs.3,46,35
8/-
2. Pain and sufferings Rs.25,000/- Rs.50,000/-
3. Conveyance & special Rs.5,000/- Rs.25,000/-
diet
4. For loss of services to Rs.25,000/- Rs.50,000/-
family
5. Compensation on Rs.40,000/- Rs.40,000/-
account of disability
6. For attendant charges Nil Rs.25,000/-
7. For loss of amenities Nil Rs.25,000/-
Total Rs.4,41,358/- Rs.5,61,358/-
Resultantly, the enhanced compensation amount comes to
Rs.1,20,000/- (Rs.5,61,358 - Rs.4,41,358).
17. Appellant / claimant is entitled for the enhanced amount along
with 7.5% interest per annum from the date of filing of the claim
petition till realization.
18. The respondent No.3/Insurance Company is directed to deposit
the enhanced compensation amount along with interest with the
Registrar General of this Court within a period of five weeks from
today, failing which, appellant/claimant shall be entitled for penal
interest @ 12% per annum on account of delayed payment.
19. On deposit, the Registrar General is directed to release the
amount in favour of the appellant/claimant on taking necessary steps by
her.
20. In view of the above, the appeal is allowed.
SURESH KAIT, J.
NOVEMBER 20, 2013
sb/jg
