Delhi High Court
Shrirak General Insurance Co. vs Kumari Monkia & Ors. on 14 March, 2014
Author: Suresh Kait
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 14th March, 2014
+ MAC.APP. No.432/2012 & CM No.7228/2012
SHRIRAK GENERAL INSURANCE CO. ..... Appellant
Represented by: Mr.N.K.Chauhan and Mr.Abhik
Kumar, Advocates.
Versus
KUMARI MONKIA & ORS. ..... Respondents
Represented by: Mr.S.S.Sisodia, Advocate for
Respondent No.1.
Mr.Mrinmay Bhattmewara for
Mr.Sanjay Kumar Tyagi, Advocate
for Respondent No.2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
MAC.APP. No.432/2012
1. The present appeal is preferred against the impugned award dated
05.01.2012, whereby the learned Tribunal has granted compensation for an
amount of Rs.5,63,650/- with interest at the rate of 7.5% per annum from the
date of filing of the petition till realization of the amount.
2. PW1 Sh. Manish Kumar, father of the injured has deposed that the
respondent No.1 suffered grievous injuries and was taken to Yashoda
Hospital, Ghaziabd, from where she was taken to GTB Hospital, Shahdara,
Delhi, on 08.09.2009 and was discharged on 26.10.2009. She remained
outdoor patient upto July, 2010. Her left leg was amputated and she had
suffered disability of 65%. At the time of the accident, she was aged around
five years.
3. As per the disability certificate, the respondent No.1 suffered 65%
disability. She had to live whole life as a physically disabled person. She
will bear pain and suffering throughout her life. Due to amputation of leg,
being a girl, will suffer more on account of marriage prospects.
4. Keeping in view the age of the injured, nature of injuries and the
disability suffered by her, the learned Tribunal has granted compensation as
under:-
"1 Compensation towards pain and sufferings Rs.1,00,000/-
2 Compensation towards loss of amenities and enjoyment Rs.1,00,000/-
3 Compensation towards disfiguration Rs.1,00,000/-
4 Compensation towards loss of marriage prospects Rs. 75,000/-
5 Compensation towards artificial limb Rs. 50,000/-
6 Loss of earning capacity due to injuries Rs. 78,750/-
7 Expenses towards medical bills Rs. 4,897/-
8 Compensation towards conveyance and special Rs. 30,000/-
diet (without bills)
9 Compensation towards loss of studies Rs. 25,000/-
Therefore, in my opinion the petitioner is entitled to Rs. 5,63,647/-(rounded
off to Rs. 5,63,650/-) which shall be the just compensation to petitioner."
5. As raised by learned counsel for the appellant/Insurance Company,
the compensation granted towards loss of amenities and enjoyment covers
the loss of marriage prospects also and submitted that the learned Tribunal
has erred in granting separate amount of Rs.75,000/- towards loss of
marriage prospects.
6. The loss of amenities and enjoyment of life and loss of marriage
prospects are altogether different aspects. In the Indian Society, it is
difficult to get a suitable match for a physically disabled girl as a normal boy
will, in all probability, not prefer to marry a disabled girl. Probably, the
marriage proposals, in any circumstance, will not as per her choice and
compatibility.
7. In view of the above, I do not find any substance in the instant appeal.
The same is accordingly dismissed.
8. At this stage, learned counsel appearing on behalf of the respondent
No.1/claimant submits that father of the respondent No.1 has expired on
09.10.2014. At present she is around nine years old and mother of the
injured requires some amount to take care of her education and day-to-day
affairs, therefore, he requests to release some amount in favour of the
respondent No.1.
9. In view of the facts noted above, the Registrar General of this Court is
directed to release an amount of Rs.2,00,000/- in cash in favour of the
respondent No.1/claimant and rest of the amount shall be kept in the form of
FDR in terms of the order dated 05.01.2012 and quarterly interest shall be
released in the saving bank account maintained by mother of the respondent
No.1.
10. The statutory amount shall be released in favour of the
appellant/Insurance Company.
CM No.7228/2012 (for stay)
With the disposal of the appeal itself, this application has become
infructuous. The same is dismissed accordingly.
SURESH KAIT, J.
MARCH 14, 2014
sb
