Delhi High Court
Baby Neeta @ Sunita vs Miland Kumar & Anr. on 9 September, 2013
Author: Suresh Kait
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 9th September, 2013
+ MAC.APP. 329/2011
BABY NEETA @ SUNITA ..... Appellant
Through: Mr. Navneet Goyal and
Ms. Mamta Bhardwaj, Advs.
versus
MILAND KUMAR & ANR. ..... Respondents
Through: Mr. Pankaj Seth, Adv. for R2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned award
dated 28.02.2011, whereby, ld. Tribunal has granted a sum of
Rs.1,65,606/- as compensation with interest @ 7.5% per annum from
the date of institution of the claim petition, i.e., 13.12.2007 till
realization.
2. Ld. Counsel appearing on behalf of the appellant has argued
that ld. Tribunal has not considered the entire facts and the award
granted by the ld. Tribunal is not proper.
3. The injured is a minor girl of 11years and the similar issue
came before the Supreme Court in a recent decision in a case of
Master Mallikarjun v. Divisional Manager, the National Insurance
Co. Ltd. in Civil No. 1676/2012 decided on 26.08.2013.
4. In the above-noted case, the issue before the Apex Court was as
under:
"What is the just and fair compensation to be awarded to
a child, who suffered disability in a motor accident, is the
main point arising for consideration in this case."
5. In the above-noted case, the age of the petitioner was 12 years;
and the disability was assessed by the Disability Board as 34% and
the functional disability has been assessed as 18%. Whereas in the
present case the age of the injured was 11 years; the disability was
56% and the ld. Tribunal has assessed 25% functional disability qua
the whole body.
6. Ld. Counsel for the appellant submits that the instant case is
fully covered by the case of Master Mallikarjun (Supra) and
accordingly this court may consider Para 12 of Master Mallikarjun
(Supra) wherein the Apex Court has held as under:
"12. Though it is difficult to have an accurate assessment
of the compensation in the case of children suffering
disability on account of a motor vehicle accident, having
regard to the relevant factors, precedents and the
approach of various High Courts, we are of the view that
the appropriate compensation on all other heads in
addition to the actual expenditure for treatment,
attendant, etc., should be, if the disability is above 10%
and upto 30% to the whole body, Rs.3 lakhs; upto 60%,
Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it
should be Rs.6 lakhs. For permanent disability upto 10%,
it should be Re.1 lakh, unless there are exceptional
circumstances to take different yardstick"
7. Ld. Counsel appearing on behalf of the appellant submitted that
injured in the present case is a girl and the ld. Tribunal has granted
compensation towards loss of marriage prospects as Rs.25,000/-.
Therefore, the amount is very meagre and that may be enhanced and
alternatively may be maintained.
8. On the other hand, ld. Counsel appearing on behalf of the
respondent / insurance company submits that he does not dispute the
law laid down in case of Master Mallikarjun (Supra). Therefore, this
court may grant the compensation as per the observation made in Para
12 of the above noted case. He submits that qua the issue on the
marriage prospects, there is no discussion in the case of Master
Mallikarjun (Supra). He further submits that qua the loss of marriage
prospects, ld. Tribunal has granted Rs.25,000/- which is proper and
could be maintained.
9. Keeping in view the dictum of the Apex Court in Master
Mallikarjun (Supra), the impugned award dated 28.02.2011 is
modified qua the other heads, except compensation towards loss of
marriage prospects of Rs.25,000/- granted by the ld. Tribunal.
10. Consequently, the appellant is entitled to get the compensation
as follows:
HEAD COMPENSATION
AMOUNT
Pain and suffering already Rs.3,00,000/-
undergone and to be suffered in
future, mental and physical
shock, hardship, inconvenience,
and discomforts, etc. and loss of
amenities in life on account of
permanent disability.
Discomfort, inconvenience and Rs.25,000/-
loss of earnings to the parents
during the period of
hospitalization
Medical and incidental Rs.25,000/-
expenses
Future medical expenses for Rs.25,000/-
correction of the mal union of
fracture and incidental
expenses for such treatment.
Future marriage prospects Rs.25,000/-
11. Thus the total compensation amount comes to Rs.4,00,000/-.
12. Resultantly, the enhanced compensation amount is Rs.2,34,394
(Rs.4,00,000 - Rs.1,65,606)
13. Needless to state that the enhanced amount shall also carry
interest @ 7.5% per annum from the date of filing of the Claim
Petition till realization.
14. The insurance company is directed to deposit the enhanced
compensation amount with Registrar General of this court within four
weeks from today.
15. On deposit the Registrar General is directed to release the
amount in favour of the appellant / injured as per the ratio of award
dated 28.02.2011 passed by the ld. Tribunal.
16. Accordingly, Instant appeal is allowed on the above terms.
SURESH KAIT, J
SEPTEMBER 09, 2013
jg
