Delhi High Court
Master Aman vs Meharban & Ors. on 14 March, 2014
Author: Suresh Kait
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:14th March, 2014
+ MAC.APP. No.475/2012
MASTER AMAN ..... Appellant
Represented by: Mr.Rishi Sood, Advocate.
Versus
MEHARBAN & ORS. ..... Respondents
Represented by: Mr.J.P.N.Shahi, 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
08.07.2011, whereby the learned Tribunal has granted compensation as
under:-
"1. Disability of 22% : Rs.44,000/-
2. Pain and Sufferings : Rs.15,000/-
3. Special Diet : Rs. 5,000/-
4. Conveyance : Rs. 5,000/-
5. For Medicines : Rs. 3,500/-
_________________________________________________
Total =Rs.72,500/-
_________________________________________________
(Rupees Seventy-Two Thousand and Five Hundred only)
_________________________________________________"
Interest at the rate of 7.5% per annum from the date of filing of the
petition till realization of the amount was also awarded by the learned
Tribunal.
2. Vide the present appeal, the appellant is seeking enhancement of the
compensation as noted above.
3. Brief facts of the case are that on 24.03.2006, when the appellant
along with his mother was crossing the road, was hit by a truck bearing No.
HR 55A 8912, driven in a negligent manner with high speed by respondent
No.1, as a result of which, he received crushed injuries on his left leg and
was taken to RTR Hospital, New Delhi.
4. Sh. Mahender Singh, Stenographer from Office of Civil Surgeon,
Jhajjar, District Jhajjar, Haryana, who appeared as PW3 had produced the
register, before the Tribunal, containing entries of issuance of the disability
certificate and testified that entry at Sr. No.371/8 was in the name of Master
Aman. He testified the signatures of Dr. K.S. Dalal, Dr. Poonam Sharma
and Dr.Murari Lal appearing on disability certificate. The disability
certificate Ex.PW3/B issued by the aforementioned doctors shows that
injuries sustained by the appellant on left leg are of permanent nature and
assessed the disability as 22%.
5. Learned counsel appearing on behalf of the appellant submits that the
learned Tribunal has awarded a very meagre amount of compensation as
mentioned above.
6. In support of his submissions, learned counsel has relied upon a case
of Master Mallikarjun Vs. Divisional Manager, the National Insurance
Company Limited & Anr.(s), decided by the Supreme Court in Civil Appeal
No. 7139/2013 on 26.08.2013.
7. As per the disability certificate Ex.PW3/B, the appellant has received
22% permanent disability in respect of left limb. Keeping in view the
dictum of Raj Kumar Vs. Ajay Kumar and Anr. (2011)1SCC343, I assess
the functional disability of the appellant as 11%.
8. I note, the learned Tribunal has granted Rs.44,000/- only as
compensation on account of disability, whereas in the case of Master
Mallikarjun (supra), the Supreme 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..........................."
9. In view of the above, the compensation amount comes as under:
"1. Pain and suffering already undergone and to : Rs.3,00,000/-
be suffered in future, mental and physical
shock, hardship, inconvenience, and
discomforts, etc., and loss of amenities in
life on account of permanent disability
2. Discomfort, inconvenience and loss of : Rs. 25,000/-
earnings to the parents during the period of
hospitalization
2. Special Diet : Rs. 5,000/-
3. Conveyance : Rs. 5,000/-
4. For Medicines : Rs. 3,500/-
_________________________________________________
Total =Rs.3,38,500/-
_________________________________________________
(Rupees Three Lakhs Thirteen Thousand and Five Hundred only)
_________________________________________________"
Accordingly, the total compensation amount is assessed at
Rs.3,38,500/-.
10. Resultantly, an amount of Rs.2,66,000/- is enhanced (Rs.3,38,500/- -
Rs.72,500/-).
11. The enhanced amount shall carry interest @ 7.5% per annum from the
date of filing of the claim petition till its realization.
12. Accordingly, the respondent No.3/Insurance Company is directed to
deposit the enhanced compensation amount with upto date interest accrued
thereon with the Registrar General of this Court within a period of six weeks
from today, failing which, appellant/claimant shall be entitled for penal
interest @ 12% per annum on account of delayed payment.
13. On deposit, the Registrar General is directed to keep the same in the
form of FDR for a period of three years.
14. As per the service report, notice upon respondent No.2, i.e., owner of
the offending vehicle has been served through his nephew and respondent
No. 1/driver of the offending vehicle also served through nephew of
respondent No.2, however, appeared none on their behalf.
15. In the present case, recovery rights have been granted in favour of the
respondent No.3/Insurance Company by the learned Tribunal. Therefore,
the recovery rights are extended in respect of the enhanced compensation in
favour of respondent No.3/Insurance Company.
16. The appeal is allowed accordingly.
SURESH KAIT, J.
MARCH 14, 2014
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