Shakuntla Rani & Anr. vs Guddoo Yadav & Ors
2014 Latest Caselaw 1492 Del

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%                    Judgment delivered on: 20th March, 2014

+      MAC.APP. 694/2010

SHAKUNTLA RANI & ANR.                    ..... Appellants
                 Represented by: Mr. Rajeev Saxena, Adv.


                       versus


GUDDOO YADAV & ORS                     ..... Respondents
                Represented by: Mr. Mohan Babu Aggarwal, Adv.
                for R3.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT



SURESH KAIT, J. (Oral)

1. Vide the present appeal, the appellants have assailed the award dated 03.04.2010, whereby, Ld. Tribunal has awarded compensation for an amount of Rs.17,632/- for the injuries received by the injured in the accident in question with interest @ 7.5% per annum from the date of filing of the Claim Petition till realization of the amount.

2. The present appeal has been filed for enhancement of the compensation amount as noted above.

3. It is important to note that the injured Surjit Singh met with an accident on 19.11.1999 and died on 02.05.2003. The Claim Petition was

filed on 25.07.2006. However, Ld. Tribunal considered the petition and granted compensation as noted above.

4. The ground urged in the instant appeal is that the injured died due to the injuries received in the accident. However, Ld. Tribunal has not adjudicated the Claim Petition accordingly.

5. As per the MLC, the injured suffered crush injuries on the left foot. There is no document of medical treatment on record to infer that the injured died on account of injuries sustained in the accident. The Ld. Tribunal opined that the injuries sustained in the accident was not the direct or proximate cause of his death.

6. Since the accident had not been specifically denied by the respondent no. 3 and respondent nos. 1 and 2 were proceeded ex-parte, therefore, the Tribunal held that the injured received injuries in the accident in question.

7. Moreover, the FIR was registered on the statement of the injured, which prima-facie proved the negligence of the driver of the offending vehicle.

8. Be that as it may, Ld. Tribunal failed to grant any compensation towards conveyance, diet charges and pain and sufferings. Justice would be met, if this Court grants an amount of Rs.5,000/- for conveyance and diet charges and Rs.5,000/- for pain and sufferings. It is ordered accordingly.

9. Consequently, the compensation amount comes as under:-

Sr. Heads Calculation as per Calculation as per No. MACT this Court

1. Loss of income Rs.16,632/- Rs. 16,632/-

2. Medical expenses Rs. 1,000/- Rs. 1,000/-

             & Treatment
          3. Towards               Nil                         Rs.5,000/-
             conveyance     and
             special diet
          4. Towards pain and Nil                              Rs.5,000/-
             sufferings
                    Total          Rs.17,632/-                 Rs.27,632/-

Resultantly, the compensation is assessed as Rs. 27,632/-.

10. Hence, the enhanced amount comes to Rs.10,000/- (Rs.27,632 - Rs.17,632).

11. The enhanced compensation shall carry interest @ 7.5% per annum from the date of filing of the petition till realization of the amount.

12. Accordingly, the respondent No.3/ Insurance Company is directed to deposit the enhanced amount with the Registrar General of this Court within a period of five weeks from today, failing which, appellants / claimants shall be entitled for penal interest @ 12% per annum on account of delayed payment.

13. On deposit, the Registrar General is directed to release the amount in favour of the appellants / claimants in terms of the impugned award dated

03.04.2010 passed by the learned Tribunal on taking necessary steps by them.

14. In view of the above, the appeal is allowed.

SURESH KAIT, J.

MARCH 20, 2014 jg